Malpractice Claim Mediation

When a breach of professional standards results in harm, claims of malpractice may be brought against professionals in any field, most commonly medical, legal, financial, architecture, and engineering.

Mediation can help resolve malpractice claims by facilitating confidential discussions and guiding each party toward a solution that is mutually beneficial and avoids costly, uncertain, and lengthy litigation. Arbitration can provide a streamlined process for decision-making — more efficient than Court and designed to result in a binding resolution.

Types of Malpractice

Mediation and arbitration are well suited to address claims of professional malpractice claims of many types, whether the claimed wrongs are believed to be the result of errors and negligence or ethical breaches and intentional harm. Some of the most common types of malpractice brought to us at The Mediation Group include:

Medical Malpractice Claims

Our mediators have a track record of successfully resolving medical malpractice cases including claims of injuries, or even death, resulting from surgical errors, medication errors, or improper diagnosis. 

Whether the charges involve claims of negligence or incompetence on the part of the practitioner or more systemic issues like inadequate training or insufficient resources for healthcare providers, one characteristic these cases have in common is that they are deeply painful for patients, their families, and the medical personnel involved.

Mediation provides a respectful, supportive, and confidential process that enables a non-adversarial resolution to what is often difficult and complex for all concerned. For the patient who has been injured by medical negligence or healthcare providers defending themselves against such allegations, mediation may be a preferable alternative to traditional court proceedings. And where mediation is not a viable option, an arbitrator can help by resolving critical issues and allowing all to extricate themselves from the demands of ongoing legal action.

Legal Malpractice

Cases involving claims of legal malpractice are highly charged for both parties. Those bringing the claims are often angry, believing themselves to have been wronged at a time when they may already have been feeling particularly vulnerable. Likewise, for the lawyer accused of having failed to meet the basic standards of competence or care in their practice, the personal and professional consequences can be very difficult.

Resolving such disputes through mediation allows each side to be heard in a confidential and respectful process making possible a mutually acceptable resolution that is also far more efficient than litigation which becomes both lengthy and expensive. Parties may also consider arbitration as a satisfactory means to put an end to the conflict and avoid protracted litigation.

Financial & Accounting Malpractice

Those dealing with significant financial harm, diminished profits, and legal penalties are likely to be experiencing both emotional and monetary impacts. The belief that those harms may be due to the malpractice of their accountant, investor, or financial advisor, is likely to exacerbate their anger and sense of being wronged.

Those accused of having committed accounting malpractice, whether due to simple errors or deliberate fraud will also be navigating both financial and emotional difficulties resulting from these charges. A skilled mediator can help both parties work through a range of difficult issues in order to resolve their dispute in a way that both can accept and eliminates the uncertainty of leaving the decision to a judge or jury. An arbitrator can offer a binding resolution with greater efficiency than a lengthy court battle.

Architectural or Engineering Malpractice

As with other types of malpractice claims, charges that there have been professional breaches by architects or engineers can result in significant emotional and financial injuries for both sides of the dispute.

Homeowners or commercial property owners who find themselves having to deal with the consequences of what they may believe to be the result of poor design and planning, inadequate construction or maintenance practices, negligence, or other professional errors are understandably going to be demanding recompense.

Likewise, professionals whose competence and integrity have been challenged are going to be seeking ways to right any perceived wrongs without suffering undue financial or reputational damage.

A skilled mediator or arbitrator can work with both sides to reach solutions that allow both parties to move forward past the conflict. 

Nursing Home Negligence

Claims of nursing home negligence frequently lead to highly emotional and contentious disputes between residents, their families, the nursing home staff, and ownership. Whether the charges involve inadequate care or physical or emotional abuse, the vulnerability of the nursing home population heightens the likelihood of serious consequences.

It is this very vulnerability, however, that can sometimes make such cases legally complex. Our experienced mediators can bring together the resident, their families, and representatives from the nursing home to develop a fair and reasonable path forward. 

One of the advantages of mediation over litigation in such cases is that creative, non-monetary solutions can be included in the resolution, such as changed policies and practices at the facility to minimize the likelihood of future harm. Arbitration, too, may prove a potentially useful process to consider if mediation is not a viable option.

By utilizing mediation or arbitration in malpractice cases, individuals can achieve a more satisfactory outcome while also reducing the time and cost associated with legal proceedings. Contact us to learn more.

Our Experts Specializing in Civil Disputes