Medical Malpractice Arbitration
By Younker Hyde Macfarlane on February 24, 2016
When patients go to the doctor, they expect medical help that will allow them to recover from an injury or illness. While it is the responsibility of doctors, nurses, and physicians to provide a reasonable standard of care for these patients, unfortunately that does not always happen. More often than most people realize, medical professionals fall short of those standards, and patients may pay the price for the negligent or reckless actions and decisions of these caretakers. Patients who are injured or otherwise suffer due to inadequate medical care can file a medical malpractice claim to seek compensation for damages suffered. While these cases do occasionally go to court, it is more common for medical cases to be decided in arbitration. The experienced attorneys at Younker Hyde Macfarlane, PLLC offer representation for medical malpractice arbitration so that our Salt Lake City, UT clients can feel confident knowing that they have a knowledgeable attorney working hard to ensure that their case is adequately presented, and that just compensation will be sought.
What’s the Difference Between Court and Arbitration?
Most people are not familiar with the process of arbitration. While there are some key differences, arbitration is actually very similar to a court proceeding. During arbitration, the defendant and plaintiff are each given the opportunity to present the details of their cases through an opening statement, testimony, and presentation of evidence. After each side of the case has been presented, arbitrators will make a decision regarding the case. Unless otherwise stated (as in a non-binding arbitration), the findings of arbitration will be binding, and the case cannot be reheard in court. Although the basic process of arbitration is similar to that of a trial, below are some of the differences between arbitration and court:
- There is no judge or jury, instead the arbitrators act as both judge and jury
- Arbitration is less costly than court and often requires less preparation
- Although a formal proceeding, arbitration is not as formal as a court trial
When Do Malpractice Cases Go to Arbitration?
Many medical malpractice cases go to arbitration rather than court. While this is sometimes the choice of the plaintiff, it is often required. If an arbitration agreement is signed prior to receiving medical care, than it is necessary for any medical malpractice cases to be settled by arbitration, rather than trial. In the case of medical insurance, arbitration agreements are often contained within the language of the healthcare plan.
Seeking Legal Representation
In cases of medical malpractice arbitration it is very important to have the representation of an experienced attorney. An experienced medical malpractice attorney such as those at Younker Hyde Macfarlane, PLLC can ensure that the plaintiff’s case is adequately represented and that maximum compensation is sought for those damages that were suffered. With strong legal representation, the outcome of medical malpractice arbitration can be just as favorable as that of a court trial.
If you have suffered due to the substandard care of a medical professional, you may have a medical malpractice lawsuit on your hands. To discuss the details of your case and find out if our team of experienced medical malpractice attorneys can help, contact us at Younker Hyde Macfarlane, PLLC at your earliest convenience.
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They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family.- Jill S.