Florida law typically requires mediation for medical malpractice lawsuits. This is often a key step in the process of settling or litigating a case. The goal is to encourage settlements and keep these cases out of the trial courts. Mediation is often effective at settling this type of injury case.
If you are working with a Florida medical malpractice lawyer from our team, we will ensure you know what to expect and represent your best interests during this process. This includes negotiating on your behalf for a fair settlement before and during mediation and taking your case to trial if necessary.
Florida Law Makes Mediation Mandatory For Medical Malpractice Cases
Florida Statutes § 766.108 typically require mediation after a lawsuit is filed and before the case can go to trial. Florida Rules of Civil Procedure 1.700 and Rule 1.730 also establishes guidance for mediations. Judges have the authority to refer many types of civil cases to mediation before putting them on the court docket for trial.
The judge overseeing a medical malpractice case will usually issue a mediation order that sets a deadline for all parties to attend and complete mediation. While many cases settle before this occurs or through the mediation process, a settlement is not mandatory. If mediation is not successful, they can continue to move the case toward trial.
What Happens At Mediation For A Florida Medical Malpractice Case?
Mediation is a meeting of all involved parties led by a neutral, trained third-party mediator. During this meeting, the mediator helps both sides by:
- Discussing any disputes or issues
- Exploring possible settlement terms
- Offering guidance based on their knowledge of previous cases and court rulings
- Working to resolve the disputes and settle the case without going to trial
While the mediator cannot force an agreement or hand down a judgment that resolves the case, they can offer advice and creative solutions that could help the parties meet in the middle and settle the case without any further litigation.
Who Must Attend Mediation?
Florida requires the involved parties (including the plaintiff, defendant, and their attorneys) to attend mediation. In some cases, insurance representatives who have the authority to authorize a settlement must be present or at least available to approve any agreement that is reached. Other parties may attend, but only if all people participating in the mediation agree on their presence.
Is Mediation Legally Binding?
Mediation is not binding. However, if there is a settlement agreement reached and signed, it becomes a binding contract. This means the written settlement agreement born out of the mediation hearing is enforceable by the courts. All parties must uphold their end of the agreement or face additional legal issues.
Why Is Mediation Important In Florida Medical Malpractice Cases?
Medical malpractice cases are often complex and require working with experts to help show what happened and how the care provider caused your injuries. This makes them challenging and expensive to litigate. A settlement generally benefits all parties involved, and mediation could help settle contentious cases.
A settlement in these cases saves the victim, the defense, the attorneys, and the courts time and money. Judges often prefer parties to resolve their disputes through negotiations before using court resources to determine the outcome.
When Does Mediation Occur In The Florida Medical Malpractice Claims Process?
Mediation in a medical malpractice claim typically occurs after the pre-suit process and lawsuit, during the litigation phase. Florida law strictly stipulates how these cases work:
The Presuit Process
Before a victim can file a lawsuit, they must have a medical expert who agrees that there is a reasonable reason to believe malpractice occurred and provide a Notice of Intent that they plan to file a lawsuit. This notice is then served to each accused party.
From the time they receive the notice, the accused parties have 90 days to investigate the claim and decide whether to make a settlement offer, pursue alternative dispute resolution options, or deny the allegations and proceed with the lawsuit.
Filing A Lawsuit
If the claim is not resolved during the presuit period, the next step is a medical malpractice lawsuit. This begins the litigation process. This process includes pre-trial motions and discovery. During discovery, both sides investigate the incident and share evidence. Settlement negotiations could continue during this time.
Alternative Dispute Resolution
Following discovery, Florida courts often require mediation as part of court-ordered alternative dispute resolution (ADR). Either party can also request mediation at any time in this process.
Preparing For Trial
If mediation fails or is unsuccessful, the case proceeds to trial. The judge will put the case on the docket. The next steps will include selecting jurors and other measures to get ready to take the case to court.
What Role Will My Attorney Play In Medical Malpractice Mediation?
Your attorney will play an active role during your mediation. While the mediator facilitates the negotiation, your attorney will represent you and advocate for your best interests, helping you make informed decisions throughout the meeting
Before you arrive, they will ensure you understand:
- What mediation is
- How it works
- What to expect
- Your best-case and worst-case outcomes
You may also discuss a possible settlement range. They can help you set a minimum amount you should accept for your case and the ideal outcome based on the damages you endured.
During the meeting, they will act as your voice. They can present your side of the case, respond to counterarguments, and highlight the injuries and expenses you suffered. You can expect them to negotiate terms, counter lowball offers, and apply pressure when appropriate.
If you reach a settlement, your attorney will draft an agreement or review the agreement drafted by the other party. They will ensure it is fair, legally sound, and enforceable.
Discuss Your Florida Medical Malpractice Case With Our Team
Our team from Anidjar & Levine provides free case reviews for victims of medical negligence in Florida. We represent individuals and families who suffered losses because of a doctor or care provider who did not offer an acceptable standard of care. Contact us today to learn more.
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