When a preventable medical error upends your family’s life in Georgia, seeking compensation and accountability is a natural next step. While pursuing a lawsuit can seem like the default choice, it is not your only option. Mediation can be just as viable as litigation. Learning the pros and cons of the two processes is the first step toward finding an efficient and healing route to justice.
Understanding the two options
Litigation is the formal process of filing a lawsuit against the at-fault party in the State or Superior Court. The process is governed by strict civil procedure, involving public records, depositions and expert witnesses. Many suits generally end with a jury trial.
Mediation, by contrast, is a voluntary and informal process where a neutral third party helps both sides reach an agreement they can both accept. Rather than serving as a judge, the mediator guides the discussion so the parties can work out a compromise outside of court.
The high cost of going to the courtroom
When local court dockets are backlogged, a medical malpractice trial may take three to five years from filing to verdict. Appeals can take even longer.
These cases can also be expensive as trial preparation alone can cost thousands of dollars. Court fees can significantly reduce any eventual payout for your family.
In addition, going to trial can be emotionally difficult. Sensitive medical records and deeply personal details may become part of the public record. Your loved ones may also have to relive the tragedy through aggressive cross-examination by defense attorneys.
Why mediation can be a better choice
Mediation can be scheduled and concluded within months rather than years. It can also be more inexpensive and less complicated than formal litigation as it happens outside of a courtroom.
Through this method, the disputing sides and their respective lawyers work with a mediator to reach a fair outcome while maintaining physician-patient relationships. The collaborative nature can also allow your loved ones to voice their pain directly to the healthcare providers in a safe environment.
Unlike litigation, a mediation can also help your family secure terms a judge cannot typically grant, including:
- An official, sincere apology from the doctor or hospital
- Systemic hospital safety changes to prevent the incident from happening again
Moreover, everything said in mediation is strictly confidential, fully protecting your family’s privacy.
Redefining what justice looks like
Sometimes, a favorable outcome does not come from an exhausting courtroom battle. It can come from out-of-court resolutions where you can pursue compensation while protecting your privacy. Your family deserves the peace of mind needed to finally heal without sacrificing their well-being.