What You Need to Know About Medical Malpractice Mediation
Posted in Medical Malpractice on January 4, 2021
If you are filing a medical malpractice lawsuit in Missouri, it is very likely that you will need to enter mediation. The mediation process is a particularly important part of the civil lawsuit process; this process helps you and the at-fault medical professional reach a mutually beneficial settlement.
While mediation is an important process, it is also a risky one. It is important to understand what happens during medication, and to hire a Missouri medical malpractice lawyer to protect your best interests in these discussions.
What Happens During Mediation?
During mediation, you and your lawyer will meet with the at-fault party and his or her lawyer. In some cases, insurance company representatives are also in the room. A third-party mediator will guide you and the at-fault party toward a settlement agreement. Mediation is completely voluntary, and you do not have to agree to any settlement that you reach during the process.
Mediation usually begins with the mediator meeting separately with each party in separate rooms. During these meetings, the mediator will explain the process and ask you questions about your case and the issues that are up for discussion. Your attorney will typically prepare a brief for the mediator with information about your case beforehand.
After these individual meetings, you and the at-fault party will enter confidential mediation sessions together. The mediator will facilitate a conversation and discuss potential options for a settlement. If mediation is successful, you will leave the process with a settlement agreement that works in your best interests. If the mediation is unsuccessful, your case may proceed to trial.
Pros and Cons of Mediation
Mediation is an important step in the medical malpractice process. Since acts of medical negligence often result in serious, long-term injuries, you will likely require a significant amount of compensation to recover. The at-fault party will typically want to negotiate the high-value settlement with you so that he or she has greater control over the process, which is transferred to the court when the case enters the courtroom.
By entering mediation with your attorney, you can draft a mutually beneficial agreement with the at-fault party without having to undergo the uncertainty of trial. However, it is very important to have a lawyer on your side during these discussions. Your attorney can help you avoid accepting a settlement offer that is insufficient to meet your long-term needs or cover the full extent of your damages.
If you receive an inadequate offer or are unable to reach a settlement, it may be in your best interest to proceed to the courtroom and you will need an attorney to represent you during trial. Your attorney will have the resources, experience, and skills necessary to determine which direction to take your lawsuit following mediation and will always work with your best interests in mind.
Contact An Attorney
If you suffer injuries due to a negligent medical professional, contact a medical malpractice lawyer as soon as possible. Your Kansas City medical malpractice attorney will have the ability to evaluate any offers you receive, negotiate for your best interests during mediation, and advocate for a higher settlement if necessary. Your lawyer can also enlist the assistance of expert witnesses, such as life care planners or economic specialists, to calculate the full value of your settlement.