Alternative Dispute Resolution (ADR) has become an increasingly popular way for attorneys to manage complex healthcare malpractice litigation. Many healthcare malpractice cases have multiple parties on each side with significant claims involving wrongful death or severe and permanent injuries. Emotions often run high as one side is angered by the physical or financial injury and the other is frustrated with the challenge to his or her professional reputation.
Mediation can be an effective way to resolve healthcare malpractice claims as the parties will find that it is the ideal forum for discussing and resolving such sensitive issues. Mediation can also promote the parties’ interests in keeping the matter confidential.
If the parties are unable to reach an agreement at mediation, they may want to explore Arbitration as a process to resolve any remaining outstanding issues. Oftentimes parties have a disagreement as to the economic value of a claim or the apportionment of damages that would benefit from the review and final decision of an impartial arbitrator.
Healthcare Malpractice Disputes can also be Mediated and/or Arbitrated where a written agreement between the parties contains a pre-dispute contractual provision providing for either Arbitration and/or Mediation in the event of a dispute.
In this instances, NAM may administer a case pursuant to its Healthcare Malpractice Dispute Resolution Rules and Procedures. These rules are designed to secure the most expeditious, private and inexpensive resolution and determination of every case, whether in law or equity.
One of the underlying benefits of the Arbitration and Mediation process is the opportunity for all parties to a Healthcare Malpractice Dispute to seek redress in a forum which is expected to provide efficiency, privacy and convenience in a less formal setting to injured parties as well as physicians, dentists, hospitals and other healthcare providers.
NAM has over 1,800 hearing officers nationwide that are available to help find equitable resolutions on difficult healthcare malpractice cases. Our panelists have expertise in:
- Medical Malpractice and Medical Negligence Claims
- Dental Malpractice
- Podiatric Malpractice
- Nursing Home Abuse
- Childbirth and Infant Cases
- Lack of Informed consent
- Brain Damage Cases
- Misdiagnosis, Failure to Diagnose, or Delay in Diagnosis
- Emergency Room Mistakes
- Wrongful Death
- Surgical Errors and Improper Surgery