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Mediation and the Medical Malpractice Case

By Joseph F. Ricchiuti

For a variety of reasons, mediation in medical malpractice cases is becoming more common. In a hotly contested case, settlement discussions outside of mediation can break down over rigid positions, and an unwillingness of either side to be the first to show what might be perceived as weakness. Further, the expense and risk of a trial is something both plaintiff and defendants often seek to avoid. For medical professionals, the thought of spending two weeks sitting in a courtroom rather than practicing their profession is distressing. Add to this concerns about the venue where the case will be tried, along with various scheduling issues, and the thought of mediation often becomes more attractive to attorneys, their clients and representatives.

Because mediations are becoming more frequent ' and compulsory mediation is becoming the norm in certain venues ' counsel must increase their knowledge about how to use the process to achieve the best results for their clients.

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