Dental malpractice cases can be complex, time-consuming, and emotionally draining for both the plaintiff and the defendant. In Florida, an alternative to traditional litigation is the offer of arbitration in medical and dental malpractice cases. This comprehensive guide will delve into the ins and outs of arbitration in Florida malpractice cases, including the benefits and potential consequences for both parties.
What is Arbitration in Florida Dental Malpractice Cases?
Arbitration is a form of alternative dispute resolution that can be used to settle disputes without going to court. In Florida, arbitration can be applied to dental malpractice cases as well. Dental malpractice cases involve claims of negligence, misconduct, or substandard care by dental professionals that result in harm to the patient. This section explores how arbitration works in the context of Florida dental malpractice cases.
The Arbitration Process in Dental Malpractice Cases
Arbitration in dental malpractice cases follows a similar process as other medical malpractice cases in Florida. The key steps in the process are:
- Agreement to Arbitrate: Both parties (the claimant and the dental professional) must voluntarily agree to submit their dispute to arbitration. This can be done either before a dispute arises through a contractual agreement or after a dispute has arisen through mutual consent.
- Selection of the Arbitrator: The parties involved choose an impartial arbitrator, preferably one with expertise in dental malpractice issues. The arbitrator is responsible for hearing the evidence, evaluating the case, and making a binding decision.
- Arbitration Hearing: The arbitration hearing is similar to a court trial but less formal. Both parties present their arguments, evidence, and witness testimony to the arbitrator. The arbitrator may also ask questions to gain a better understanding of the case.
- Decision: The arbitrator will issue a decision, called an "award," based on the evidence and arguments presented during the hearing. This decision is generally binding, meaning it is final and enforceable, with limited grounds for appeal.
Key Provisions of the Florida Statutes on Arbitration in Dental Malpractice Cases
Florida Statute 766.209 highlights the consequences and rights of claimants and defendants when considering voluntary binding arbitration as an alternative to jury trials in dental negligence lawsuits within Florida. Here's a breakdown of the key points:
Alternative to Jury Trials
Voluntary binding arbitration serves as an alternative to jury trials in medical malpractice cases, including dental malpractice cases, and does not replace any party's right to a jury trial.
Proceeding to Trial
If neither party requests or agrees to voluntary binding arbitration, the claim proceeds to trial or other available legal alternatives.
Consequences if Defendant Refuses Offer of Arbitration
When the defendant refuses a claimant's offer of voluntary binding arbitration:
- The claim proceeds to trial, and if the claimant proves medical negligence, they can recover damages (subject to limitations), prejudgment interest, and reasonable attorney's fees up to 25% of the award reduced to present value.
- The claimant's award at trial will be reduced by any damages recovered from arbitrating codefendants after arbitration.
Consequences if Claimant Refuses Offer of Arbitration
When the claimant rejects a defendant's offer to enter voluntary binding arbitration:
- The damages awarded at trial will be limited to net economic damages, plus noneconomic damages not exceeding $350,000 per incident.
- Net economic damages reduced to present value can be awarded, including past and future medical expenses, and 80% of wage loss and loss of earning capacity, offset by collateral source payments.
- Damages for future economic losses must be paid through periodic payments as per Section 766.202(9) and offset by future collateral source payments.
Jury trials will proceed according to existing principles of law.
In summary, Florida Statute 766.209 outlines the rights and consequences of both claimants and defendants when choosing to offer, accept, or refuse voluntary binding arbitration in dental malpractice cases. This statute helps clarify the legal landscape and options available to parties involved in dental negligence disputes in Florida.
Pros and Cons of Arbitration in Medical Malpractice Cases
Arbitration has its advantages and disadvantages when used as an alternative to traditional jury trials in dental malpractice cases. It's essential to carefully consider the pros and cons of arbitration before deciding whether to pursue this route in a legal dispute.
Pros of Arbitration in a Florida Dental Malpractice Case
- Speed and Efficiency: Arbitration is typically faster than traditional court proceedings, which can be drawn out and time-consuming. This efficiency can save both parties time, effort, and resources.
- Flexibility: Arbitration proceedings are more flexible than courtroom trials, as the involved parties can customize the process to suit their specific needs. This includes choosing the arbitrator, setting the rules for the proceedings, and deciding on timelines.
- Confidentiality: Unlike public courtroom trials, arbitration proceedings are private and confidential. This confidentiality can protect the parties involved from unwanted publicity or damage to their reputations.
- Expertise: Arbitrators often have specialized knowledge in the subject matter of the dispute, which can be helpful in understanding the complexities of dental malpractice cases. This expertise can lead to more informed decisions and outcomes.
- Finality: Arbitration decisions are usually binding and have limited grounds for appeal, which can provide closure to both parties and avoid lengthy and costly appeals processes.
Cons of Arbitration in a Florida Dental Malpractice Case
- Limited Appeal Rights: One significant drawback of arbitration is the limited ability to appeal a decision. If a party disagrees with the arbitrator's ruling, there may be little recourse available, as arbitration decisions are generally binding.
- Costs: Although arbitration can be more cost-effective than traditional litigation, it can still be expensive. Arbitrator fees, administrative fees, and other related expenses may add up, depending on the complexity of the case and the duration of the proceedings.
- Lack of Transparency: The private nature of arbitration can lead to a lack of transparency in the process, which may be a concern for some parties. This confidentiality may also limit the public's access to information about how similar disputes are being resolved.
- Informality: The informal nature of arbitration may be a disadvantage to some parties who prefer the structured, formal procedures of a courtroom trial. The lack of a judge and jury can also be a concern for those who believe that these elements provide essential checks and balances in the legal process.
- Potential Bias: Since the parties involved in the arbitration process often choose the arbitrator, there is a possibility of perceived or actual bias. If one party feels that the arbitrator is biased, it could undermine the fairness and legitimacy of the arbitration process.
Do You Need a Florida Dental Malpractice Lawyer?
If you have been injured as a result of a dental procedure, you should speak with a Florida dental malpractice lawyer because you may be entitled to compensation. Please don’t hesitate to contact us on our website to set up your free consultation by email, or you can call our Orlando, Florida personal injury law firm today at (321) 352-7588 to schedule your free consultation by phone. When you schedule a consultation at our law firm, you will get a consultation with a lawyer, not a customer service representative or intake person.If you need a South Carolina dental malpractice lawyer, please don’t hesitate to reach out to us at (843) 638-6590. We have at least one lawyer licensed in Florida, Georgia, South Carolina, and North Carolina.