There are many different types of medical products that people trust to improve their health. From CPAP/BiPAP machines that facilitate safe respiration for those with sleep apnea to replacement joints and implanted defibrillation devices, there are many medical devices that perform safety-critical functions for people.
Patients generally trust that medical devices are reliable and safe. However, some of them are defective. Inappropriate types of foam in CPAP machines or lax manufacturing standards for joint replacement devices can result in devices failing and causing a number of serious medical consequences for the patient involved.
People often assume that litigation is the only solution in such scenarios, but they may have the option of attending mediation instead.
How does mediation help?
Mediation is a form of alternative dispute resolution that those facing conflicts can undergo. People hurt by defective products can go to mediation to secure an appropriate amount of compensation given the medical consequences of a device failing.
Mediation typically involves face-to-face discussions between two parties involved in a disagreement. A professional third-party mediator meets with both parties and their lawyers. The mediator remains neutral and facilitates discussions about the issue at hand. Their role is to help both parties cooperate.
Those dealing with defective medical devices may prefer mediation to litigation because of the privacy it offers. Litigation results in information becoming part of the public record. Mediation, on the other hand, is a confidential process. People can discuss the medical consequences of a device’s failure at length without needing to embarrass themselves by making that information public.
Frequently, mediation provides an opportunity for those harmed by defective medical devices to outline the extent of the damage caused and negotiate for an appropriate settlement. Medical device manufacturers or insurance companies often try to offer settlements that are as low as possible. Mediation can be a viable way to go from a mediocre first settlement offer to a reasonable settlement.
If mediation is successful, the parties sign a binding agreement that they must uphold. If it is not successful, the person injured by the defective medical device still theoretically has the option of pursuing litigation.
Those concerned about securing justice after experiencing issues with medical products often need support. Reaching out to our Calabasas-based mediation legal team by calling 310-758-5049 or clicking here can help people evaluate their options for a difficult legal issue.