Mediation as an Option for Medical Malpractice Claims

By Joy David, Albany Government Law Review

Mediation may be the answer to several problems associated with medical malpractice litigation.  “Mediation consists of the use of a neutral third party to facilitate a discussion between two opposing parties in an informal environment where the parties have the opportunity to discuss accusations or other elements of conflict.”[1]  There are reasons to use mediation for medical malpractice claims, and reasons not to.  Policy considerations, as well as potential benefits to all parties involved, are cause to at least consider mediation as an option for dealing with medical malpractice claims. Continue reading “Mediation as an Option for Medical Malpractice Claims”

Medical Malpractice Cases: The Pros & Cons of a Cap on Non-Economic Damages

By Alicia M. Dodge, Albany Government Law Review Class of 2011


Is a $250,000.00 cap on non-economic damages in medical malpractice cases necessary?  The answer to this question will vary widely, depending whom you ask.  The New York State Bar Association and patient-rights advocacy groups strongly oppose this cap, while hospitals and physicians generally support it.[1]  The purpose of an economic damages award, such as loss of earnings, is to make an injured person “whole” again, and can generally be calculated with a fair amount of certainty.  On the other hand, an award of non-economic damages, such as pain and suffering or loss of consortium, “cannot be precisely measured in money,” and as such are often viewed as arbitrary rewards.[2]   Continue reading “Medical Malpractice Cases: The Pros & Cons of a Cap on Non-Economic Damages”