Is Mediation a Better Option for Healthcare Disputes than Litigation?

24-09-2024

Well, the answer depends on the nature of the disputes. Dispute resolution is not just a win-loss situation but also a win-win situation. The scales of justice are the only picture created in people's minds. People linger on their disputes in court, even for matters worthy of settlement, which can save time and money. The low judge-to-population ratio is always a grave concern. However, the boiling pain of litigants is often clouded by poor judgment of the right choices to resolve the dispute.  The article investigates how to approach the problem, but it is not the only way to find reasonable solutions.

Nature of Disputes

Time and money are essential commodities at constraints in today’s life. Good Doctor-patient relationships are lifelong relationships. A doctor in the family is seen through many generations. However, like every relationship, this is not immune to disputes, but a disagreement can cause a patient to lose the services of good doctors or hospitals. None of the hospital websites provide a grievance redressal officer or mechanism, which can go a big way in maintaining best practices. The absence of such a system in any organisation or practice causes disputes to escape to court, escalating the situation. Doctors, hospitals, and patients should understand the nature of conflicts, the possible remedies, and the time-cost investment in every disagreement that encircles them. The problem arises when parties' emotional outbursts are combined with the victim's exaggerated expectations, sometimes accompanied by baseless legal advice. Victims mostly do not understand the laws' nitty-gritty and the process's length. Still, they are lured by the promises of exaggerated relief, which takes them off the path to exploring the possibility of settlements via mediation.

Practical Outcomes

Legal process cost and time budgeting involves estimating, planning, and managing a legal case's financial and time-related aspects. It ensures that clients and legal teams are aligned on the expected expenses and timeframes at every stage of litigation, reducing the risk of surprises or inefficiencies.  Every client should work on this aspect to forsee what is the reasonable options for dispute resolution.

Critical Elements of Legal Budgeting

Case Assessment

• Evaluate the case’s complexity to estimate the legal costs.  Identify likely outcomes which influence both time and cost projections. Establish your priorities, which may affect the level of investment in legal resources. Assess the hourly rates vs. fixed fees vs. contingency-based fees. Also, we have the estimate of filing fees, strength of witnesses, travel, document production, discovery etc. Unforeseen expenses include additional depositions, court delays, or new evidence.

Time Estimates (Scheduling and Deadlines)

• The time estimate will take to draft and file the necessary pleadings, responses, and motions—time required for collecting, reviewing, and producing documents. Include time for court appearances. Expected trial duration based on complexity, including preparation time for witnesses and exhibits and the time needed for filing post-trial motions, collecting judgments, or handling appeals. Create time and cost estimates for each milestone, enabling better monitoring and course corrections if delays or additional work arise.

If the entire evaluation draws your attention to litigation, it can be the best option for dispute resolution, but if not, you should consider alternative options like mediation. Also, it is crucial to evaluate how precious the relationship is to you.

What can be resolved through Mediation in Healthcare

Healthcare mediation can address a variety of disputes, often aiming to resolve issues through negotiation and collaboration rather than litigation. Some common conflicts that can be resolved through healthcare mediation include:

1. Billing and Payment Issues: Disputes between patients and healthcare providers or insurers overcharges, billing errors, or unpaid bills.
2. Insurance Disagreements: Conflicts involving coverage denials, claims disputes, or issues with the scope of benefits provided by insurance plans.
3. Medical Malpractice Claims: Mediation is less common for severe cases. However, it can be used to address negligence or inadequate care claims where parties seek resolution without going to court.
4. Doctor-Patient Conflicts: Disagreements throughout treatment, patient care, or communication between providers and patients.
5. Administrative Disputes: Issues related to the management or operation of healthcare facilities, including disputes between healthcare administrators and staff.

Mediation aims to facilitate communication, help parties understand each other's perspectives, and reach a mutually acceptable resolution. This is an article, not a legal advice. You can contact your lawyer to evaluate what disputes cannot be referred for mediation. The negative list can help you determine the best option for your conflicts. Dispute resolution is not just about winning or losing but finding solutions that benefit all parties involved. Litigation often leads to prolonged court battles, even for matters that could be settled more efficiently through mediation, saving time and money. The persistent issue of an overburdened court system further highlights the need for alternative resolution methods, such as mediation. Mediation encourages open communication and helps parties understand each other's perspectives, often leading to mutually agreeable resolutions. While not every dispute is suitable for mediation, it is a valuable option for resolving many healthcare-related conflicts without requiring lengthy and costly litigation.