Mediation in Clinical Negligence

Medical Negligence Mediation

If you or someone you care about has been the victim of clinical negligence, mediation may be the right solution for you.

Contact us

Contact

  • “Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none.”

  • “Stephanie knows her way effortlessly around any clinical negligence issue and has a great strategic mind.”

  • “Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients.”

In terms of the law, mediation is a means of resolving disputes. In mediation sessions, discussions between the two opposing parties is facilitated by a third party, also known as a mediator.

The mediator is neutral, is representative of neither of the opposing parties and should not offer legal advice. A skilled mediator displays good communication skills, good speaking and listening skills and aims to keep the parties focused on the issues at hand.

Clinical negligence mediation

Over the past decade or so, mediation has been used in the UK for the resolution of clinical negligence cases. In clinical negligence claims, for mediation to proceed, both parties must consent. Participation is entirely voluntary and may be stopped at any time. What goes on during the mediation is private and confidential. The aim is for the opposing parties to reach a satisfactory agreement. If terms are agreed upon, they are made legally binding. However, if mutually agreeable terms cannot be found, the case may be taken forward for litigation, in which a decision will be made by the judge and imposed on both parties.

The benefits of medical malpractice mediation

For some people, mediation can be preferable to a court case, particularly in terms of speed and cost savings. For many, it is also less stressful. To date, mediation on clinical negligence has been used in a wide variety of cases, and most negligence cases are suitable for mediation to occur.

Statistics show that the rate of successful mediations are over 90% and a small NHS Pilot scheme supports these findings: of the 12 cases mediated during the pilot, 11 were resolved with monetary and non-monetary outcomes. The 12th case ended as a consequence of withdrawal, yet with a ‘valuable non-monetary outcome for the claimant’.2

Mediation is recognised by the courts as a viable means of, ‘alternative dispute resolution’. Its success is reflected in the reduction of court trials and in the rise in the total number of mediations taking place.3

Deciding on mediation in medical negligence cases

There are several reasons why people may be hesitant to use mediation: a mistrust of the process, lawyers perceiving the mediation process as inherently flawed and the fact that wronged parties really want to have their day in court.4 For these reasons, parties should not be forced to mediation. A report in the Law Society Gazette is clear that for now, mediation must remain a voluntary process. For if people are compelled to do something that they are not happy to do, they will not participate, resulting in an ‘expensive nuisance’.5 It is the case therefore, that mediation is not right for everyone.

Osbornes Law: Finding out if mediation is a suitable option for you

To find out more about mediation in clinical negligence cases and whether it is something that may work in your case, please contact one of the specialist clinical negligence team at Osbornes Law. We will be glad to hear from you and you will be glad that you got in touch.

Our Promise to You

· We will review your potential claim by advising you on the NHS complaints procedure or other alternative procedure if your case does not relate to NHS care and treatment.

· We will not charge a fee for our time in reviewing your case.

· We can assist you with any issues that you may have regarding the complaints procedure or that you encounter in obtaining copies of your medical records.

· We will advise you of the course of action in respect of your case.

For a further discussion regarding your situation and whether mediation may be the right solution for you, call Stephanie Prior on 020 7485 8811 or fill in our online enquiry form.

Contact us today

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you

    • [utm_campaign_i][/utm_campaign_i]
      [utm_source_i][/utm_source_i]
      [utm_medium_i][/utm_medium_i]
      [utm_term_i][/utm_term_i]
      [utm_content_i][/utm_content_i]
      [gclid_i][/gclid_i]

    • “The team is very quick and efficient in responding."

      CHAMBERS UK 2023

    • "Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."

      CHAMBERS UK 2023

    • ‘They are ambitious for their clients and expect high standards from all who work with them.’

      Legal 500 2023

    • "Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."

      Legal 500 2023

    • "Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."

      Legal 500 2023

    • Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.

      Chambers UK

    • "An excellent firm which achieves fantastic outcomes for clients."

      Legal 500 2021

    • "Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."

      Legal 500 2021

    • "Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."

      Legal 500 2021

    • "Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."

      Legal 500 2021

    • "Stephanie shows sensitivity and deals with things in an understanding way."

      Chambers UK 2021

    • Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.

      Legal 500 2020 - Clinical Negligence

    • The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.

      Legal 500 2020 - Clinical Negligence

    • "Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."

      Legal 500 2020 - Stephanie Prior

    • "Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."

      Chambers UK

    • "Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."

      Chambers UK

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."

      Chambers UK

    • Stephanie Prior is always very professional and kind. Highly recommended.

      Medical Negligence Client

    • Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.

      Medical Negligence Client

    Accreditations

    • Times best law firms 2023

    Contact us today

    For a free initial conversation call 020 7485 8811

    Email us Send us an email and we’ll get back to you

      • [utm_campaign_i][/utm_campaign_i]
        [utm_source_i][/utm_source_i]
        [utm_medium_i][/utm_medium_i]
        [utm_term_i][/utm_term_i]
        [utm_content_i][/utm_content_i]
        [gclid_i][/gclid_i]

      Related InsightsVIEW ALL

      1. new born baby
        9.6.2023

        Early Notification Scheme – is it helping or failing...

        What is the Early Notification Scheme? The NHS Early Notification Scheme (“ENS”) has reached its sixth anniversary. Established in April 2017,...

        Read more
      2. 5.6.2023

        Are pharmacy closures putting patients at risk?

        It has been reported in the press that chemist closures will have an impact on patients living in deprived or...

        Read more
      3. Confidential file
        11.4.2023

        Osbornes Instructed After Local Authority Data Breach

        Osbornes Law have recently negotiated a settlement on behalf of two clients who had their personal information inadvertently released to...

        Read more
      4. pregnant lady
        23.3.2023

        Private Pregnancy Scans and Substandard Care

        In the news, it has been reported that private clinics that offer pregnancy scans to women are not meeting the...

        Read more
      5. baby hand in mothers hand
        7.3.2023

        5-figure settlement for infusion leak to mother

        Elline Demetriou has reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim...

        Read more
      6. Cannula in right arm of indian man
        14.2.2023

        The risk of extravasation injuries during iron infusion...

        Many patients with low iron, particularly during pregnancy or postnatally, may be advised they need an iron infusion such as...

        Read more
      7. water
        9.2.2023

        Perineal Tear case settles for 6-figure sum

        Stephanie Prior recently settled a birth injury claim relating to a woman who delivered her baby after a traumatic labour....

        Read more
      8. dentist
        23.1.2023

        Court avoided after settlement agreed in dental negligence...

        The Medical Negligence team have recently negotiated the settlement of a complex dental negligence case. Our client experienced a number...

        Read more
      9. Doctor With Stethoscope And Files
        13.1.2023

        Delayed cancer diagnosis results in five figure settlement

        The medical negligence team at Osbornes Law has recently settled a case involving a patient who passed away following a...

        Read more
      10. hands of surgeon
        14.12.2022

        Successful settlement for negligent care during kidney transplant...

        Claimant v Royal Free London NHS Trust Osbornes have reached a settlement agreement on behalf of a Claimant who brought...

        Read more
      11. Modern dental office interior
        10.11.2022

        Successful claim against dental practice after negligent treatment

        Osbornes Law have reached another successful outcome for a client, who pursued a claim against dental practitioners due to medical...

        Read more
      12. Ambulance outside a hospital Accident and Emergency department.
        9.11.2022

        Transfer time from ambulance to A&E causing...

        The Healthcare Safety Investigation Branch (HSIB) have identified that patients may come into risk of harm whilst waiting in ambulances...

        Read more
      13. The doctor looks at the x-ray
        9.11.2022

        Breast cancer screening mammograms and negligence

        Breast cancer screening has improved significantly in the UK due to research bettering the understanding of this terrible disease, which...

        Read more
      14. Doctor Or GP In Office Meeting Teenage Female Patient
        28.9.2022

        Women more likely to have symptoms ignored by...

        An increasing number of women in the UK feel brushed off by GPs when presenting with real symptoms, with many...

        Read more
      15. Hospital sign MATERNITY
        21.9.2022

        Are maternity services safe? – Part 2

        In April last year I wrote a piece about government setting up a taskforce to look into why there are...

        Read more
      16. Pregnant woman performing cardiotocography CTG
        8.9.2022

        Poor interpretation of CTG can result in stillbirth...

        Poor interpretation of a Cardiotocograph, more commonly known as a CTG, is a leading cause of stillbirth and brain injuries...

        Read more
      17. asian old man devastated by bad news
        9.8.2022

        New interactive rating tool reveals NHS wait times...

        Amidst record-breaking heatwaves and a lengthy patient waiting list due to COVID backlogs, it is not surprising that this summer...

        Read more
      18. Medical doctor in empty hospital corridor
        1.8.2022

        Successful settlement for birth injury that led to...

        Stephanie Prior’s case relating to the death of Gabriela Pintilie has settled and has been approved by the High...

        Read more
      19. Insulin injection needle or pen for use by diabetics
        14.7.2022

        Insulin overdose in hospitals due to limited staff...

        A century ago, insulin was first used to treat a 14-year-old boy dying of type 1 diabetes A hundred years later,...

        Read more
      20. Doctor
        6.7.2022

        GP Negligence claim leading to fatality successfully settled

        Osbornes acted for a Claimant who brought proceedings on behalf of the estate of her late son, X, relating to...

        Read more
      21. NHS Building
        6.7.2022

        NHS aims to reduce waiting times with Elective...

        The NHS recently recorded their waiting list to be at 6.5 million, a record high. Much of this backlog is due...

        Read more
      22. doctor women at office
        29.6.2022

        Nottingham Maternity: Donna Ockenden to Chair Independent Inquiry

        An interim report on the state of maternity services at Nottingham University Hospitals NHS Trust has just been released. However,...

        Read more
      23. Neglijenta medicala spital din UK
        23.5.2022

        Justice for client who suffered serious birth injuries

        The Clinical Negligence team at Osbornes Law have recently negotiated the settlement of a case in which our client sustained...

        Read more
      24. 28.4.2022

        Calls for Public Inquiry into Vaginal Mesh Surgery

        A leading professor from the University of Oxford has called for a public inquiry into the use of vaginal mesh...

        Read more

      VIEW ALL