Alternative Dispute Resolution in Medical Malpractice Claims

When faced with a medical malpractice claim, the typical image that comes to mind involves a courtroom battle, a judge, and a highly charged atmosphere. However, Alternative Dispute Resolution (ADR) offers a different path that can be less confrontational and often more conducive to a mutually satisfactory outcome. ADR encompasses methods such as mediation and arbitration, which can be advantageous for both plaintiffs and defendants.

Understanding Alternative Dispute Resolution

ADR is a collective term for processes that help parties resolve disputes without litigation. Popular forms of ADR include:

●     Mediation: An impartial mediator assists the parties in reaching a voluntary, negotiated resolution. The mediator does not decide the case, but helps facilitate a dialogue to uncover potential solutions.

●     Arbitration: An arbitrator listens to the arguments from both sides and then makes a binding decision. Unlike mediation, this provides a conclusive outcome, but is less formal than a court trial.

Both approaches share common benefits which make them attractive in the context of medical malpractice disputes, including:

●     Cost Efficiency: ADR can be significantly cheaper than court litigation due to shorter timelines and reduced procedural burdens.

●     Time Savings: Resolutions can be achieved much faster with ADR, sometimes within a few months.

●     Privacy: Unlike court cases, which are public, ADR proceedings are confidential.

●     Preservation of Relationships: ADR can be less adversarial, helping maintain professional relationships between medical practitioners and their patients.

Why Consider ADR for Medical Malpractice Claims?

Choosing ADR for medical malpractice law firm disputes can be particularly prudent due to the complex nature of medical malpractice cases. These cases often involve highly technical evidence and personal matters, which can be handled sensitively through ADR. Some reasons to consider ADR include:

●    Expertise: Arbitrators or mediators with specific expertise in healthcare can be chosen to ensure that complex medical issues are understood and evaluated fairly.

●     Control: ADR provides more control over the outcome. In mediation, both parties have a say in forming the agreement, which can lead to creative solutions that are not available in court.

●     Finality: Arbitration decisions are typically final and subject to limited appeal, which can avoid a prolonged dispute.

Choosing the Right ADR Approach

The decision on whether to use mediation or arbitration rests on several factors, including the specifics of the medical malpractice claim, the parties' willingness to negotiate, and their need for a speedy resolution. Considerations include:

●     Nature of the Dispute: Is the dispute highly technical, and does it require specific medical knowledge? If so, arbitration with a specialist might be preferable.

●     Desired Outcome: Do the parties seek a collaborative resolution that could pave the way for future interactions? Mediation might be more suitable.

●     Legal Advice: Consulting with experienced medical malpractice lawyers in Delaware County PA or medical malpractice lawyers in Chester County PA can provide guidance tailored to the specific circumstances of the case.

Key Steps in Initiating ADR

Initiating ADR involves several steps that should be handled with care:

●     Selection of the Mediator/Arbitrator: It is crucial to choose professionals with the right expertise¾particularly in medical malpractice¾to increase the likelihood of a satisfactory outcome.

●     Preparation: Parties need to gather all necessary documentation and evidence related to the medical claim. This includes medical records, expert reports, and any other relevant material.

●     Representation: Even in ADR, the advice and guidance of a personal injury lawyer can be invaluable. Lawyers can navigate through the legal and procedural nuances, even in a less formal setting.

ADR: A Viable Option for Many

Alternative Dispute Resolution offers a path to resolving medical malpractice disputes that can be less adversarial, quicker, and more cost-effective than traditional court litigation. With the right preparation and expert help, parties can achieve fair, equitable resolutions that satisfy all involved. For individuals embroiled in such disputes, exploring ADR could prove to be a highly beneficial decision.

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This blog was originally posted on https://pa4law.com/alternative-dispute-resolution-in-medical-malpractice-claims/

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How a Breast Cancer Misdiagnosis Led to an Unnecessary Double Mastectomy

Receiving news of a cancer diagnosis is distressing. Darrie Eason, a single mother from Long Island, NY was diagnosed with an invasive form of breast cancer in 2006. After having a double mastectomy, she found out she never had cancer at all. The lab that handled her biopsy was responsible for this error, and she retained a medical malpractice attorney who helped her recover compensation for this devastating medical mistake.

Misdiagnosis After a Second Opinion

Before undergoing treatment, Darrie consulted another physician for a second opinion and was again misdiagnosed with cancer. Unfortunately, this doctor used the information from the same mislabeled biopsy sample, which belonged to another woman.  After receiving the second opinion, she opted to have both breasts removed and underwent the first phase of reconstructive surgery.

The next step was chemotherapy. However, before she started this phase of treatment, the surgeon who had sent the removed breast tissue to the lab contacted her with shocking news: she didn’t have cancer. When asked how she felt when she found out her breasts were removed for no reason, she simply said, “You can’t even explain it.” This development also meant that the woman whose sample had been switched had globular breast cancer and had been misdiagnosed as being cancer-free.

How Did This Happen?

The New York State Department of Health investigated the lab that handled her biopsy samples, CBL Path medical laboratory. Its report stated that the likely source of the error was not a system breakdown but the lab technician engaging in a practice called batching. This process involves handling more than one tissue sample at a time. However, Steven Pegalis, Darrie’s medical malpractice attorney, wasn’t convinced. He found it hard to believe that it was a one-time event that occurred because of an individual’s carelessness.

Another issue this tragedy brought to light is the importance of patients asking for an additional lab report on tissue samples when seeking a second opinion. It also shows that medical labs evaluating tissue samples should always handle them one at a time and double- or triple-check the patient’s identifying information.

Darrie’s Medical Malpractice Claim

The best medical malpractice lawyers in Pennsylvania know that these types of cases can be notoriously difficult to win, so it’s critical to take the time to thoroughly investigate what happened and who may be liable.

Darrie’s lawyer waited a year to file a medical malpractice suit against the lab that processed her tissue sample. They wanted to make sure they brought a claim against the right parties, as the physicians and surgeons who treated her did so in good faith based and were unaware that the results were flawed. There was some conflict between CBL Path and their insurer about settling the claim without litigation, however, they ended up reaching a settlement agreement without going to trial. Although Darrie recovered monetary compensation, her life has been forever changed.

If you or a loved one has suffered injuries or losses due to a medical error, you don’t have to go it alone. Our experienced, compassionate medical malpractice lawyers in Delaware County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/how-a-breast-cancer-misdiagnosis-led-to-an-unnecessary-double-mastectomy/

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How a Blood Type Error led to a Young Woman’s Death after an Organ Transplant

Hundreds of thousands of Americans are injured or killed due to medical mistakes each year. These errors are usually preventable and can lead to tragic events that leave families devastated. One notable case of egregious medical malpractice involved 17-year-old Jesica, a patient at Duke University Hospital. In 2003, she received a heart-lung transplant at the prestigious hospital, but passed away due to a blood type error. 

Malpractice lawyers in Chester County, PA and around the globe kept a close eye on this case to see if the family attained the outcome they deserved for the loss of their daughter. Although her family ended-up settling with Duke for an undisclosed amount, even the best medical malpractice lawyers in Pennsylvania know that no amount of money can ever erase the pain of losing someone you love. 

Jesica’s Story

Jesica suffered from a life-threatening heart and lung disorder that drove her parents to bring her to the U.S. from Mexico to receive the medical treatment she desperately needed. On February 7, 2003, Jesica received a heart-lung transplant at Duke University Hospital. The surgery was performed by a highly respected pediatric cardiac surgeon who had performed more than 100 heart transplants. 

About five hours into the surgery, the surgeon got word from a technician in the immunology lab, who told him that the organs, which were from a type A donor, did not match Jesica’s blood type, which was type O. This led to the antibodies in her blood attacking and destroying her new organs. The surgeon told Jesica’s parents about the error shortly after surgery, but Duke University Hospital didn’t inform the public for 11 days, when they finally made an announcement seeking another donor. Although she received new organs 13 days after her initial surgery, Jesica slipped into a coma and died on February 22, 2003. 

How Did This Blood Type Error Happen?

More than a dozen people at Duke and the organ donation organizations were responsible for acquiring a new heart and lungs for Jesica. So what went wrong? How did someone fail to catch this grave error? Sadly, a failure to communicate basic information was the main cause – no one ever cross-checked her blood type to make sure it was a match before surgery. 

UNOS, the national organization that coordinates some organ donation services throughout the country, already had a policy that required blood types of donors and recipients to be matched before releasing any organs. However, no one at any organization involved ensured that Jesica’s blood type and the organs were a match. The surgeon took responsibility for the error and an investigation led to the hospital implementing new procedures to prevent similar errors from occurring. 

Blood Type and Transfusion Errors

These types of cases are complex and can be challenging to win, so having an experienced attorney by your side is critical. Although Jesica’s family was left heartbroken without their daughter, one positive aspect of this incident is increased transplant safeguards, and increased awareness of organ donation by the general public.

In addition to mistakes involving blood type, Good medical malpractice lawyers are well-versed in other blood-related errors, such as: 

• Incorrect blood type analysis

• Dispensing the wrong blood product

• Improperly-labeled blood products

• Blood administered to the wrong patient

• Expired blood products

How a Medical Malpractice Attorney Can Help

Regardless of the type of error, if you believe you or a loved one was hurt due to a mistake by a medical professional or organization, our medical malpractice lawyers in Delaware County PA and malpractice attorneys in Chester County, PA can assess your case, advise you of your options, and help you hold responsible parties accountable.

This blog was originally posted on https://pa4law.com/how-blood-type-error-led-womans-death-after-organ-transplant/

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