The United States is the most litigious country in the world. This can be blamed on several factors:
1. Too many lawyers
2. Courts that grant outrageous awards
3. Patients who believe they can get rich by suing
4. Doctors who make mistakes and/or don't care sufficiently
Attorneys accept cases on contingency. This reduces the patient risk in litigation. If patients don't have to spend any money they are more inclined to sue.
If the courts didn't grant outrageous awards, there would be less incentive to sue.
Many people believe they are "owed" something. If Patients weren't trying to "get something for nothing", they would accept reasonable damages for any actual injury.
And, if doctors didn't make mistakes, there would be less reason for lawsuits. Even if the doctor made a mistake, with a better patient relationship there would be less chance of litigation and a better chance of settlement.
Arbitration can eliminate problems 1 and 2.
Mediation can reduce problems 3 and 4.
If you are a patient, it is in your best interest to have eMediate hear your claim. Malpractice litigation takes at least 5 years. During this time, your life will be affected adversely. Everything you do will center around evidence, testimony, expert witnesses, depositions, hearings and finally the trial itself. The rest of your life will largely go "on hold". Finally, if you do win something, the attorney will take up to half and there will still be legal expenses that you must pay. If you lose, you will get nothing and still have legal fees.
Instead, through mediation, we will "sit down" and discuss the problem and issues. Two reasonable people will be able to reach an agreement. If an agreement can't be reached, then the claim can proceed to arbitration, where it will be settled for good.
This whole process can be done quickly, easily and efficiently.
If you are a medical provider, it is in your best interest to avoid a public trial (regardless of any amount of fault or innocence). Mediation and arbitration with eMediate is completely private. The only possible publicity would be if the patient was awarded a settlement AND you refused to pay, the patient then could register the award in court to enforce payment. Otherwise, it is completely private.
Malpractice litigation takes at least 5 years. During this time, your life will be affected adversely. Everything you do will center around evidence, testimony, expert witnesses, depositions, hearings and finally the trial itself. The rest of your life will largely go "on hold". Regardless if you win or lose you will have to pay the attorney and legal fees. If you lose, you will have to pay any damages award and sometimes punitive damages.
Win or lose it will negatively impugn your reputation.
is the time to institute the changes needed to be able to use our services IF the need ever arises.
See this article Validity of Contracts
to better insure your chance of arbitration.