Form 19-A Section 19-a Medical Mediation Agreement - Massachusetts

What Is Form 19-A?

This is a legal form that was released by the Massachusetts Department of Industrial Accidents - a government authority operating within Massachusetts. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is the Form 19-A Section 19-a Medical Mediation Agreement?A: The Form 19-A Section 19-a Medical Mediation Agreement is a legal document used in Massachusetts to facilitate the resolution of medical malpractice disputes through mediation.

Q: What does Section 19-a refer to?A: Section 19-a refers to a specific provision in Massachusetts law that mandates the use of mediation in medical malpractice cases before they can proceed to court.

Q: Who is involved in the mediation agreement?A: The parties involved in the mediation agreement typically include the patient (or their representative) and the healthcare provider (or their insurance company).

Q: What is the purpose of the mediation process?A: The purpose of the mediation process is to provide an opportunity for the parties to resolve their medical malpractice dispute in a timely and cost-effective manner, without going to court.

Q: Is the mediation process binding?A: No, the mediation process is non-binding, meaning that the parties are not required to reach a settlement. However, if a settlement is reached, it can be legally binding.

Q: Can a lawyer be present during the mediation?A: Yes, the patient and the healthcare provider, as well as their legal representatives, have the right to be present during the mediation process.

Q: What happens if the parties cannot reach a settlement through mediation?A: If the parties cannot reach a settlement through mediation, they can proceed with a lawsuit and have their case heard in court.

Q: Are there any costs associated with the mediation process?A: Yes, there may be costs associated with the mediation process, such as fees for the mediator's services. These costs are usually shared by both parties.

Q: Is the mediation process confidential?A: Yes, the mediation process is confidential, which means that the discussions and any documents produced during mediation cannot be used as evidence in court.

Q: Can the mediation agreement be enforced by the court?A: No, the mediation agreement itself cannot be enforced by the court. However, if a settlement is reached during mediation, it can be enforced as a legally binding agreement.