ADR to solve medical malpractice cases: Part II

healyscanlonveugelergannon • August 21, 2015

In most cases related to medical malpractice, Illinois residents usually think of the traditional litigation approach. However, it has been found that traditional litigation procedures are not only more time-consuming but also can be more expensive than newer alternative methods. Since court costs are often a hurdle for families who have already incurred huge medical bills, such alternative dispute resolutions can be a more effective solution to get justice for the victims. One of the most common forms of alternative dispute resolution mechanisms is the process of mediation.

Mediation is a voluntary agreement by both parties and an alternative dispute resolution in medical malpractice disputes. Thus, the parties also resolve a right to opt out of the traditional process in cases where the traditional process may take longer or be more expensive in a medical malpractice case.

In a mediation process, a neutral third party acts as the mediator for the family of the victims of medical malpractice on one side and medical practitioners who have been accused of malpractice on the other side. The attorneys of both parties typically present their evidence as well as the arguments to prove their respective cases to the neutral mediator.

Mediation being an informal process to resolve the various disputes and issues in a medical malpractice case, the parties even come up with creative solutions for their problems that can lead to an amicable settlement of their dispute.

In many cases, Illinois residents who have opted for mediation to resolve medical negligence cases have not only got monetary compensation for the medical fees and the pain and suffering but have also gotten the medical facility to implement better accountability and safety measures to prevent future cases of malpractice and negligence.

Source: NCBI.NLM.NIH.gov, “ Medical malpractice reforms: the role of alternative dispute resolution ,” David H. Sohn and B. Sonnyny Bal, accessed on August 14, 2015

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