Medical malpractice cases can be highly complex and emotionally charged, often involving significant financial compensation and life-altering injuries or death. In Maryland, mediation has become a common approach to resolving these disputes before they reach the courtroom. Mediation is a process where both parties, the plaintiff and the defendant, come together to attempt to resolve the case with the assistance of a neutral third party, known as a mediator. The goal of mediation is to reach a mutually agreeable settlement, sparing both parties from the time, expense, and uncertainty of a trial. This process has gained popularity in recent years as it can help achieve quicker resolutions while allowing both sides to maintain more control over the outcome.
Although mediation is less formal than a trial, it is still a significant event in the litigation process, and understanding what happens during a medical malpractice mediation is crucial for anyone involved in such a case. This guide will provide an in-depth overview of what typically occurs during mediation in medical malpractice cases in Maryland, from the initial stages to the final resolution.
The Initial Stages of Mediation
Before the mediation begins, both sides usually prepare thoroughly. Preparation is critical in ensuring that the mediation runs smoothly and that each side has a clear understanding of their position and the potential value of the case. The plaintiff’s attorney and the defense attorney will gather and review all relevant evidence, such as medical records, testimony, and any other pertinent documents that might be useful during the negotiation. These materials help both sides better understand the strengths and weaknesses of their case and the other side’s case.
Once both sides have prepared, they will agree on a mediator. The mediator’s role is not to decide the case or act as a judge but to facilitate the negotiation by helping both sides communicate and consider their options. The mediator is typically a person with a deep understanding of Maryland law and extensive experience in resolving medical malpractice disputes. Both parties must agree on the selection of the mediator, as it is essential for both sides to have confidence in the mediator’s neutrality and skill.
Founding Partner Founding Partner Attorney Attorney Attorney
Michael J.
Schreyer
Andrew D.
Alpert
Christopher
Murphy
Michael
Berman
Michael
McCubbin
The Mediation Process Begins
When mediation officially begins, it often starts with an initial joint session where all parties are present. This may include the plaintiff, the defendant (usually a medical professional or institution), their attorneys, and sometimes insurance representatives. The mediator will explain the rules and goals of mediation and set the tone for the discussion. It is during this initial session that each side may present an opening statement, summarizing their view of the case and what they hope to achieve through the mediation process.
After the joint session, the parties typically separate into private rooms for what is known as a caucus. The mediator will move between the rooms, speaking privately with each party. This allows for open and confidential communication between the parties and the mediator, enabling the mediator to understand the underlying interests and concerns of each side. This phase is essential because it gives each side the opportunity to speak more candidly without fear of being overheard by the other party. The mediator will use this information to help guide the negotiation process and suggest possible ways to reach a settlement.
Amazing firm. Went above and beyond in making me feel welcomed, informed, and at ease considering the serious reasons for me being there. It was my first time dealing with something like this and it was comforting knowing I had a whole team behind me working to get the best outcome possible which they did. Highly recommend this firm to anyone looking for a good reliable lawyer who will work with you and be considerate of your well being.” - Daniel Torres
Negotiations During Mediation
The negotiation phase of mediation is where the bulk of the mediation process takes place. The mediator will work to identify common ground between the parties and explore options for resolution. Throughout the mediation, the mediator will use various techniques to encourage both sides to move toward an agreement. This may involve suggesting compromises, presenting potential settlement amounts, or simply helping the parties reframe their understanding of the case.
In medical malpractice cases, negotiations often revolve around the value of the damages being claimed by the plaintiff. The plaintiff may be seeking compensation for medical bills, lost wages, pain and suffering, and other damages, while the defendant (or their insurer) will be focused on minimizing the amount they must pay. The mediator’s job is to help both sides see the strengths and weaknesses of their cases and to encourage reasonable concessions that can lead to a settlement.
It is important to note that mediation is a voluntary process, and either party can walk away at any time. However, both sides are usually incentivized to keep negotiating because of the high cost and risk associated with taking the case to trial. If the parties can reach an agreement, the mediator will help them draft a settlement agreement that outlines the terms of the resolution. This agreement is legally binding, and once signed, the case is considered resolved.
Challenges During Mediation
While mediation can be highly effective, it is not without its challenges. One of the biggest obstacles in medical malpractice mediation is the emotional component of the case. For the plaintiff, the case may involve significant personal loss, physical pain, or emotional suffering, and these feelings can sometimes make it difficult to approach the mediation with a clear mind. For the defendant, there may be concerns about reputation, professional standing, and the financial impact of a settlement. The mediator must be adept at navigating these emotions and keeping the parties focused on the practical aspects of the case.
Another common challenge is the disparity in power between the parties. In many cases, the plaintiff is an individual who has suffered harm, while the defendant is a well-resourced hospital or medical institution with significant legal and financial support. This power imbalance can make it difficult for the plaintiff to feel confident in the negotiation process. However, a skilled mediator will work to level the playing field by ensuring that both sides have equal opportunities to present their case and negotiate fairly.
Value of a Personal Injury Case Choosing a Personal Injury AttorneyRelated Videos
The Role of Attorneys in Mediation
Both parties are typically represented by attorneys during mediation, and the role of these attorneys is critical to the success of the process. The plaintiff’s attorney will advocate for their client’s best interests, presenting evidence and arguments that support their claim for damages. They will also help the plaintiff understand the legal nuances of the case and the potential risks of going to trial. The defense attorney, on the other hand, will focus on minimizing liability for their client, arguing that the standard of care was met or that the plaintiff’s damages are not as significant as claimed.
In Maryland, attorneys also play a key role in ensuring that any settlement agreement reached during mediation is fair and legally sound. Once a settlement is proposed, the attorneys will review the terms to ensure that all aspects of the agreement are clear and that their client’s rights are protected. If a settlement cannot be reached, the attorneys will continue to represent their clients as the case moves toward trial.
What Happens If Mediation Fails?
Not all medical malpractice mediations result in a settlement. If the parties are unable to reach an agreement, the case may proceed to trial. This does not mean that the mediation was a failure. In many cases, mediation can still help narrow the issues in dispute and improve the chances of reaching a settlement later in the process. Sometimes, the insights gained during mediation can lead to a settlement even after the mediation has formally concluded.
If the case goes to trial, both sides will need to be prepared for a lengthy and expensive process. Trials can be unpredictable, and there is always the risk that a jury may rule against one party or the other. Mediation offers a chance to avoid this uncertainty by reaching a mutually agreeable resolution before a trial becomes necessary.
Verdicts & Settlements
The Benefits of Mediation in Medical Malpractice Cases
Mediation offers numerous benefits for both plaintiffs and defendants in medical malpractice cases. One of the most significant advantages is the ability to resolve the case more quickly than through litigation. Trials can take months or even years to conclude, while mediation can often lead to a resolution in a matter of days or weeks. This is particularly important for plaintiffs who may need compensation to cover medical expenses or lost wages.
Mediation also allows for greater flexibility in the resolution. Unlike a trial, where a judge or jury makes a final decision, mediation gives both parties the opportunity to craft a settlement that works for them. This can include creative solutions that might not be available through the court system, such as structured settlements or non-monetary agreements.
75% of people who are injured due to someone else's negligence don't believe they could pursue an injury claim. 95% of personal injury cases are settled pretrial. Typically, only about five percent of personal injury claims will go to trial. $0 is the amount it will cost you to contact us and start your personal injury claim. Reach out for a free consultation.Personal Injury Statistics
Mediation is less adversarial than a trial. While emotions can still run high during mediation, the process is designed to encourage cooperation and communication. This can be particularly beneficial in cases where the parties may need to continue working together, such as when a patient continues to receive care from the defendant after the case is resolved.
If you are facing a medical malpractice case in Maryland and are considering mediation, it is essential to have experienced legal representation to guide you through the process. Alpert Schreyer, LLC has a dedicated team with extensive experience in medical malpractice cases, and we can help you understand your options and pursue the best possible outcome. Reach out to us today for a consultation and let us help you navigate the complexities of your case.