Dialysis Claims and Mediation: Navigating the Legal Landscape

By: Raul Romaguera
Florida Supreme Court Certified Circuit Civil Mediator
Florida Supreme Court Qualified Arbitrator

Introduction

Over 600,000, people in the U.S. suffer from kidney disease severe enough to require dialysis. Dialysis treatment is a life-saving procedure for patients suffering from kidney failure, but as with any medical treatment, there can be complications that arise. In some cases, these complications may lead to disputes involving dialysis providers and patients. Whether it’s a claim for medical negligence or disputes over the quality of care, dialysis claims have become an increasingly significant area of concern in healthcare law.

Understanding Dialysis Claims

Dialysis is a critical treatment for individuals with end-stage renal disease (ESRD), where the kidneys can no longer function properly and must be substituted by mechanical processes like hemodialysis or peritoneal dialysis. While dialysis is generally considered safe, it carries risks, including infections, cardiovascular complications, and even death in some extreme cases. In legal terms, dialysis claims often fall into a medical malpractice claim (these involve allegations of substandard care or negligence by healthcare providers, including dialysis centers, doctors, nurses, and other medical professionals; if a patient experiences harm during the dialysis process, such as infections, vascular access failures, or improper dosage of medication); or a product liability claim (these involve allegations that when receiving dialysis on medical devices and consumables, including dialysis machines, tubing, and filters were defective or malfunctioned causing harm or injury to a patient).

The Role of Mediation in Dialysis Claims

Mediation can be particularly useful in resolving complex and sensitive issues, such as those arising in the context of healthcare and dialysis treatment. Dialysis can be complex and nuanced and difficult for judges, juries and even some attorneys to comprehend. Indeed, without dialysis treatment, most patients would die

A knowledgeable mediator that understands the dialysis process can help the parties reach a settlement that is fair to both parties. Dialysis treatment is often long-term (average of 3-5 hours a day 3x a week), and patients may have ongoing relationships with healthcare providers and dialysis centers. Mediation allows for a resolution that preserves these relationships, which can be beneficial for future care. A mutually agreeable solution, rather than a contentious legal battle, helps ensure that the patient can continue receiving the necessary care with the healthcare providers they choose.

Conclusion

Dialysis claims, whether arising from medical malpractice or product liability, can be complex. By facilitating open communication and preserving relationships, mediation can help ensure that dialysis patients receive the care they need while also protecting their legal rights. However, the effectiveness of mediation depends on the knowledge of the dialysis process by the mediator and understanding of the medical and legal issues at play. When approached correctly, a knowledgeable mediation can be a valuable tool in the resolution of dialysis claims, ultimately benefiting both patients and healthcare providers alike.