Successful mediation of a complex medical negligence case requires a thorough understanding about both the facts of the case and the mediation process.
The following 10 suggestions will help improve the probability of a successful resolution of a case at mediation.
If liability is a significant issue in the case, offer plaintiff's liability experts for deposition prior to the mediation.
Since the circumstances that lead to mediation are so varied, the fact that any defendant in a medical negligence case agrees to come to mediation is not enough to lead to a settlement offer.
Nothing will end a mediation session more quickly than a defendant who does not recognize any liability risk at trial. Since there are often several months between an agreement, or Court order, to mediate a case and the date of the mediation, providing plaintiff 's main liability experts for deposition by the defense will help focus the liability issues and provide a basis for the defense counsel to seek some level of authority from the insurance carrier.
It will also provide a basis for obtaining consent to settle from the physician, if such consent becomes an issue prior to mediation. At the time a mediation session is scheduled, you should specifically inquire if the defendants will be prepared to engage in a good faith effort to settle the case without expert depositions.
If the defendants are aware of their liability, plaintiff 's experts' depositions are usually not needed prior to mediation. But if the defense attorney needs more information to obtain consent or authority to settle, then you should schedule the appropriate plaintiff expert depositions prior to the mediation.
Continue following our medical malpractice blog for other suggestions in mediating medical malpractice cases.
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This an excerpt of an article written by medical malpractice attorney Dr. Bruce Fagel, which originally appeared in the April 2011 issue of Plaintiff Magazine.
