The Best Way to Handle a Healthcare Dispute

If your medical practice has been put at legal and financial risk by a dissatisfied patient, the best way to approach the dispute is with expert legal counsel at your side.

Not all claims of medical malpractice end up before a judge. Instead, malpractice claims are solved by alternative dispute resolution (ADR) methods — arbitration and mediation. Consultation with a medical business attorney can help you navigate both processes.

Mediation explained

The process of mediation is that the matter is argued before a neutral third-party mediator who is either a retired judge or lawyer. A key characteristic of mediation is that it's non binding or parties can break with the agreement. A medical professional defendant has the right to pursue litigation if they decide it's in their best interest to do so.

An article on the practice of mediation to resolve healthcare disputes published by the National Center for Biotechnology Information, found the practice to be highly satisfactory for both parties. Typically, mediation is more informal and both parties communicate directly about the impact the claim has had on their lives. Also, the meetings can take place over one to three days and close within months while litigation can take years. Both the claimant and defendant can appreciate the savings in time and cost.

However, if a court orders mediation, it's advisable to consult with an attorney because if mediation is not successful the court will have to make a ruling. An analysis of court-ordered mediation found that skilled mediators were a key factor in a high rate of verdicts for the defendants.

About arbitration

New patients who sign a pretreatment arbitration agreement with you must go through this binding ADR process in order to resolve a healthcare dispute. A medical practitioner cannot petition to have the frivolous case thrown out; it will be heard by the arbitrator. And, a binding arbitration agreement means that a medical practitioner cannot seek a jury trial.

Despite the disadvantages of this form of ADR, the use of pretreatment arbitration agreements is common between doctor and patient, medical professional and insurance as well as patient and healthcare insurer.

There are advantages to arbitration. In the cases that require specialized knowledge of the medical procedure or scientific facts, an arbitrator with such expertise is helpful in making these decisions based on full comprehension of the facts involved. Additionally, arbitration is effective in reducing the need for expensive and lengthy litigation. It's highly unlikely to overturn a decision of an arbitrator and there is option for appeal.

Contact The Law Office of Donald W. Hudspeth, P.C. for a consultation on how to best approach a healthcare dispute.

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