Medical malpractice is a serious issue that requires a skilled individual to arbitrate the matter. People have often looked to litigation to resolve these legal disputes, but using the court system can present challenges.
In recent years, more organizations and individuals have sought alternative dispute resolution to deal with legal arguments, including malpractice cases. Injured patients can note the following benefits of ADR.
The judicial system rarely resolves trials quickly. Getting to trial takes time, and the process can continue for months or years. Additionally, court cases can result in a series of appeals that adds more time.
The reason is that medical malpractice cases often contain complex issues that a judge may not be familiar with. Lengthy professional testimony may be necessary to establish the facts.
ADR works on finding common ground between the two sides and can lead to faster resolution. An official report finds that ADR saved nearly 2,000 months of combined time in one year. Speed is often vital to a plaintiff who wants to focus on recovery.
The time and effort of a trial also mean higher costs. Professional testimony is not cheap, and both parties must invest money and energy into collecting evidence that meets the court’s rules.
ADR simplifies the process as both parties can agree to the rules for settling the dispute. The previously mentioned study also shows that ADR saved $15 million in litigation expenses.
Privacy and confidentiality
Court cases are a matter of public record. Others can view the proceedings or read the documents later. The details that surface in ADR can remain private and not expose embarrassing information.
ADR has many advantages to litigation. Injured patients may find it the right choice to resolve a medical malpractice case or other legal disputes.