Over his 18 year career Kael M. Briski has successfully resolved a variety of medical negligence claims ranging from mis-diagnosis of conditions, negligence in surgical protocols and follow up, and other issues.
He is uniquely qualified to mediate professional negligence cases having a recent and unique opportunity to view the medical community and system from the inside, ranging from: the ER to surgery, inpatient and outpatient protocols etc… His insider’s view uniquely qualifies him to understand the patient and medical professional in a manner that few other mediators can.
He provides a professional, economic, and effective solution to litigants and their counsel facing medical legal issues that need to be resolved.
Medical Negligence cases are perhaps better suited to early mediation than any other matter. Utilizing early mediation will add significant value to these claims where tens of thousands of dollars will be expended in relatively short order primarily in the multiple depositions that will need to be taken.
Any party mis-evaluating a claim should not have to wait until the pre-trial mandatory settlement conference or worse yet, trial or binding arbitration and an adverse decision to be educated on the critical aspects of their claims that may have been overlooked.
Unlike most civil claims, both parties will have access to nearly all of the underlying medical records in relatively short order, most of which ought to have been obtained by the Plaintiff prior to or shortly after the necessary 90 day notice.
In the comparatively small group of attorneys that specialize in this area of practice, the theories of liability will have been carefully evaluated early in the process. With MICRA limits, the Plaintiff’s practitioner will have carefully evaluated the claim for prior and ongoing special damages as well as future specials. The reality is that in this day and age, a case cannot stand on general damages alone.
Likewise, the attorneys for Defendants, (whether they be specialists, surgeons, hospitals, practice groups, or other providers) will be well versed in the nuances of defending the claim and issues that must be overcome in order to obtain settlement.
Although reportable limits are an issue in the questionable liability claim, they ultimately should not interfere with resolution in a medical negligence case.
Mediation provides the ultimate solution to a process that can be painful and trying for all parties involved.