Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Medical Malpractice Law & StrategyLJN NewslettersNewsSections

Mediation and the Medical Malpractice Case

By Joseph F. Ricchiuti
November 28, 2011

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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing Image

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.