Do you often see medical malpractice claims being resolved through mediation?
Minneapolis personal injury lawyer Bill Tilton discusses medical malpractice cases being solved through mediation.
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Almost all medical malpractice cases these days are resolved through mediation. I’ve tried medical malpractice, products liability, murder rate, prison right – if I never try another case in my life, I’ll be happy. That’s okay. If I have to, I will. I like to think that I pick cases that warrant resolution, and that means resolution pre-trial.
We are specialists in working cases up. We work them up to death. We flood the other side in medical articles and in expert affidavits and in facts as to why this is a case that should be settled. Every case virtually goes to mediation.
In my experience, we have walked from more mediations than we’ve ever settled at, but that’s simply because, oftentimes, the first mediation is a way for the parties to get to know each other, to test each other out, and sometimes then you have to go and spend another six months testing each other and testing each other’s theory of the case, let’s say. I might say ___ kindly going and beating each other up, and then, ultimately, things will get mediated before trial, but the best way to resolve a case is to make clear to the other side that you’re going to trial if they don’t settle it, if they don’t come up with sufficient funds for your client. We are ready for trial, we have our ______ __ ____ ready, we have our ______ ready, we have our experts ready, we have our exhibits ready, we have our facts ready.
And so yes, most cases get resolved at mediation, as they should, especially if the plaintiff’s lawyers picked a case that’s real. I don’t want a case that isn’t real. I want a case where I believe in my clients, where I can become friends with my clients, where I, in my heart, I advocate ’cause it’s righteous, and so mediation is what is resolving the vast, vast majority of medical claims and other claims these days, and that’s the way it should be, but it’s not always easy. It’s not always one step.