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

  • “They are able to handle all clinical negligence claims including the very biggest catastrophic brain injury claims.”

  • Stephanie Prior leads the team with real experience and commitment to her clients – with 10 years of experience as a registered general nurse, she is well placed to support clients through complex and sensitive claims.”

  • “Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”

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 our medical negligence lawyers today

Call us to speak with a lawyer 020 7485 8811

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






    • Osbornes is a very respected firm in the marketplace.

      Chambers UK 2024

    • They handle really complex cases very well

      Chambers UK 2024

    • The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.

      Chambers UK 2024

    • Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.

      Chambers UK 2024

    • Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.

      Chambers UK 2024

    • Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.

      Legal 500 2024

    • Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions

      Legal 500 2024

    • A joy to work with and always 100% client focused at all times.

      Legal 500 2024

    • The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients

      Legal 500 2024

    • “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

    Medical Negligence Accreditations

    • Times best law firm 2024
    • The Law Society Personal Injury Accreditation

    Contact our medical negligence lawyers today

    Call us to speak with a lawyer 020 7485 8811

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






      Related InsightsVIEW ALL

      1. Supreme Court Ruling pic
        11.1.2024

        UK Supreme Court Ruling regarding Secondary Victims in...

        Introduction to the Supreme Court’s Decision on Secondary Victims in Clinical Negligence Cases The Supreme Court has today, on...

        Read more
      2. 5.1.2024

        Delayed Pre-Eclampsia Diagnosis Resulting in Tragic Baby Loss

        Introduction to the Case Nick Leahy, Associate in our Clinical Negligence department, has recently settled a birth injury claim against...

        Read more
      3. ambulanta din UK
        12.12.2023

        NHS Compensation Payouts Guide

        What Are NHS Compensation Payouts? In the UK, the National Health Service delivers the vast majority of healthcare services. When...

        Read more
      4. 23.11.2023

        Claim against Bradford Teaching Hospitals NHS Foundation Trust

        Osbornes acted for a Claimant, C, in her birth negligence claim against Bradford Teaching Hospitals NHS Foundation Trust for negligent...

        Read more
      5. Cancer treatment in a modern medical private clinic
        21.9.2023

        Large Compensation for Delayed Laryngeal Cancer Diagnosis

        Actress receives financial award after life-changing missed cancer diagnosis. Jodi Newton acted for a client who was belatedly diagnosed with...

        Read more
      6. Fatal Medical Negligence Claim
        21.9.2023

        Delayed cervical cancer diagnosis claim

        Jodi Newton acted for a woman who died following a delayed cervical cancer diagnosis. The deceased could have been diagnosed...

        Read more
      7. 19.9.2023

        NHS England Waiting Lists: PM Blames Doctors’ Strike

        NHS England’s waiting list has been growing over the past decade, rising from 3 million in 2014 to 7.7 million in July...

        Read more
      8. hospital
        19.9.2023

        Appendicitis Compensation Claim

        Failure to diagnose appendicitis case settles for 5-figure sum Stephanie Prior was instructed in a claim against Bedfordshire Hospitals NHS...

        Read more
      9. model of a spine
        19.9.2023

        Spinal Fracture Case Settles for 6-figure Sum

        Spinal Fractures following cessation of Denosumab injection Stephanie Prior was instructed in a spinal injury claim against Mid and South...

        Read more
      10. Beautician hold syringe for young female client
        13.9.2023

        Delayed skin cancer diagnosis

        We are pleased to have successfully settled a client’s claim for a delayed cancer diagnosis – Basal Cell Carcinoma (“BCC”)....

        Read more
      11. waiting
        31.8.2023

        NHS waiting lists hit an all-time high

        Medical Negligence Solicitor Jodi Newton explains: England’s NHS waiting lists have hit the highest number since 2007, reaching a record...

        Read more
      12. baby
        31.8.2023

        Hyponatraemia – Symptoms, Causes & Negligence

        What is hyponatraemia? Hyponatraemia is a condition where sodium levels fall below a certain level, which can be dangerous. All...

        Read more
      13. Ambulance vehicles at the Royal London Hospital
        10.8.2023

        Ambulance Delays Affecting Rapid Patient Treatment

        In 2017, the Secretary of State for Health accepted the new ambulance performance standards recommended by NHS England, meaning that the 11...

        Read more
      14. Fatal Medical Negligence Claim
        1.8.2023

        Compensation Claim for Fatal Bowel Injury

        Jodi Newton, a Partner in the Clinical Negligence Department at Osbornes Law, has recently settled a long running case against...

        Read more
      15. private hospital
        26.7.2023

        Private Healthcare Negligence

        Can you claim negligence against a private hospital? Yes – it can be a little more complicated than bringing a claim...

        Read more
      16. hospital
        19.6.2023

        Prison Healthcare Negligence

        Nicholas Leahy, a solicitor in the Clinical Negligence Department at Osbornes Law, has  recently successfully settled a long running case...

        Read more
      17. 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
      18. 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
      19. Confidential file
        11.4.2023

        Osbornes Instructed After Local Authority Data Breach

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

        Read more
      20. 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
      21. 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
      22. 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
      23. water
        9.2.2023

        Perineal Tear case settles for 6-figure sum

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

        Read more
      24. 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

      VIEW ALL