A medical malpractice hearing is very demanding both in terms of financial resources and time. As such, one needs to build a very strong case in order to have a real shot.
Most medical malpractice claims get thrown away by the court if some vital procedures involved in establishing the defendant’s liability are not satisfied.
There are alternative methods of settling medical malpractice disputes outside the court, and even the court itself advices the concerned parties to employ such methods. This article will highlight a few alternative ways to seek justice for a medical malpractice.
Direct Conflict Recognition and Resolution
Most health facilities have their own methods of managing risks that may arise from staff misconducts and negligence. The facility management puts disciplinary actions in place aimed at addressing malevolent behavior. A proper monitored system often reduces the chances of further medical malpractices cases from reoccurring.
Whenever you sustain injuries or develop additional health problems from any form of a practitioner’s negligent behavior (such as misdiagnosis or denial of treatment), the first thought would be to file a compensatory medical malpractice claim against the healthcare provider.
In an attempt to contain the situation, the hospital management will call for a direct conflict recognition and resolution, where you (together with your attorney) and the facility’s legal team will look for the best approach to employ in settling the claim.
Direct conflict recognition and resolution is very effective in solving minor claims that require minimal financial settlements.
Arbitration
The second out-of-court method of resolving a medical malpractice claim is by using an arbitrator. An arbitrator is retained at a fee (split between the conflicting parties) to render their neutral judgment in place of a judge.
The conflicting parties have to agree to seek arbitrary services and forego a court hearing. As such, your medical malpractice lawyer Michigan files the terms and conditions of your claim before the arbitrary hearing.
Arbitration is very efficient in settling medical malpractice claims since the expectations are set before the hearing. Additionally, arbitration helps to reduce the overhead costs incurred when the claim is not settled early enough, such as retaining the arbitrator.
However, the conflicting parties might file a formal lawsuit in front of a jury or a judge when an arbitrary hearing does not draw a conclusive settlement of the claim.
Mediation
The conflicting parties’ defense teams can decide to look for a mediator who will serve as a facilitator of settlement dialogues. The mediator has no direct influence on the outcome of the settlement agreement whatsoever.
Mediation is used effectively in a minor settlement hearing, and where the conflicting parties have prior relationships outside the medical malpractice claim.
However, mediations are susceptible to conflicts of interest. Both defenses can agree on terms that favor their bank balances instead of the interests of the parties they represent.
Situational Pre-trial Evaluation
After seeking and failing to find common grounds with the defense’s legal team using alternative conflict resolution techniques, your lawyer will file a legal lawsuit in court.
A pre-trial evaluation panel is formed to assess the nature of the case in order to establish grounds for your case.
Additionally, the pre-trial evaluation panel will advise both parties on the most possible outcome of the hearing. Where the evidence is strongly suggesting the defendant’s fault, then defendant will be advised to settle. If the evidence suggests otherwise, you will be advised to drop the charges.
Arbitrary Hearing Ordered by the Court
A court order issued by the court will direct both parties’ attorneys to seek arbitrary resolution from a neutral and legally informed party such as an attorney.
A court-ordered arbitration is usually the final opportunity given to both parties to seek common ground outside the court.
However, your attorney will push for a hearing if they feel they have built a case worthy of financial settlement.
Conclusion
When it comes to getting monetary settlement for medical malpractice claim, a speedy hearing is crucial. As such, you the alternative methods of settling a medical malpractice claim will help you get justice within a shorter time.
