Medical malpractice is one of the most complex fields that attorneys can practice. Not only must the attorney understand the medical malpractice laws of the jurisdiction, but he must also understand the anatomy and physiology of the human body. These cases are often very emotional for all parties involved. The plaintiff has been injured or even killed by alleged malpractice, and a medical professional’s license may be in jeopardy, depending on the result of the case. It is not unusual for medical malpractice cases to take several years to finalize.
Fortunately, many medical malpractice cases settle at mediation. If you have a medical malpractice mediation on your calendar, there are steps you can take to prepare for a successful session.
As an attorney, consider treating your mediation almost as seriously as if it were a scheduled trial. Also, mediation often becomes so second nature to attorneys that they underestimate the importance of preparing their clients. For a medical malpractice case, take the time to meet with your client and fully explain the mediation process to them. Be sure that they understand that the mediator cannot be called as a witness in a trial, that the settlement negotiations are protected and that it is a voluntary process. These facts can help your client focus on making good decisions at mediation and hopefully reach an acceptable and durable agreement.