My Medical Malpractice Case is Going to Mediation – But Will I Have to Face the Doctor that Harmed Me?
One of the not-so-secret secrets about New York City medical malpractice cases is that not all New York City medical malpractice cases end in trial and an award from a jury. Indeed, although most of the cases that we hear about on internet news websites and on news channels on television have gone all the way through the civil trial process in New York City, the truth of the matter is that most civil cases – whether medical malpractice or otherwise – are not actually resolved through the protracted litigation and trial process, but rather by alternative dispute resolution. One of the most popular types of dispute resolution in civil medical malpractice cases in New York City is mediation. But what exactly is mediation in a New York City medical malpractice case, and will the patient-victim be required to face the doctor that harmed them in the mediation process? To help New York City medical malpractice victims better understand the mediation process in New York City medical malpractice cases, we answer those questions here.
The Mediation Process in New York City Medical Malpractice Cases
Importantly, unless the rules of the particular court in which the case has been filed dictate otherwise, mediation is typically a voluntary process that both parties to a lawsuit must agree to in order to proceed. Accordingly, in a mediation, the parties to a lawsuit come together for a (typically) day-long meeting with a neutral third-party facilitator, called a “mediator”, to see if they can negotiate a resolution of the case before heading to full-blown litigation and trial. There is no determination made at a mediation, and, thus, the mediator is not responsible for making a binding decision in the case. Rather, if the parties are able to reach an agreement during the mediation to resolve the case, they can memorialize the terms of the agreement in a memorandum of understanding or a settlement agreement.
Do Parties Meet Face-to-Face in Mediation?
Some New York City medical malpractice victims may feel uncomfortable with the thought of having to face the doctor or medical professional that caused their injuries. Fortunately, in most mediations, the plaintiff and defendant do not meet or interact directly. Typically, the plaintiff and the defendant will participate in the mediation in separate rooms, and do not speak face-to-face. However, some mediators prefer to have the parties meet at the beginning of the mediation in what is called a “joint session.” Many times the defendant doctor does not show up at the mediation because they are represented by an insurance carrier who sends in their Defense Lawyers to discuss the possible resolution of the case. Discussing your mediation with your New York City medical malpractice lawyer is the best way to determine whether you may have a joint session in your case.
Legal Help for Victims of Medical Malpractice in New York City
If you were injured by a doctor’s negligence in New York City, do not hesitate to contact an experienced New York City medical malpractice lawyer to discuss your rights and options. The experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. are here to help victims of medical malpractice in New York City. Contact the law firm of Michael Gunzburg, P.C. today and speak to an experienced New York City lawyer about your medical malpractice case now.
