Must My Medical Malpractice Case Go to trial?

Every once in a while, a victim of medical malpractice will not want to sue the doctor who committed the medical malpractice due to a fear of testifying in trial. Some think that if they sue their doctor, dentist, surgeon, or any type of medical provider, that the case will have to go to trial. However, this is not necessarily the case.

A medical malpractice case be settled or resolved without having to go through a lengthy jury trial. There are various was of resolving a case without trial. For example, you might go through mediation with the medical provider. Mediation is a chance for the two sides to go over the evidence and the wrong that occurred with the help of a neutral third party, called a mediator. The idea is that the parties work together to come to a fair resolution of the case.

Another way of resolving the medical malpractice lawsuit without going to trial is by taking advantage of arbitration. Arbitration is the process where each party (or each side) presents their evidence to an arbitrator. The arbitrator then will come to a decision, or an opinion, as to whether or not the doctor or dentist or any other kind of medical provider is at fault, and whether you should be compensated for your loss.

Many states have laws relating to alternative resolutions. Such alternative resolutions include mediation, arbitration, mini-trials, moderated settlement conferences, and summary jury trials. An experienced medical malpractice attorney in your area will be able to advice you as to the best strategy for resolving your case. The best strategy may not include going forward with a jury trial where you would have to testify. Therefore, you should always speak to a qualified medical malpractice lawyer about your decision to go forward with a lawsuit or not.