According to one estimate, a typical medical malpractice case takes about three years to resolve, once filed.
The costs of that are enormous, across the board. The medical journal Health Affairs estimates that medical liability expenses cost the nation nearly $56 billion in 2008. Moreover, and owing to the lengthy time period commonly required to get a case to closure, financial compensation for injured parties is often egregiously delayed, as is the closure required for them to resume their lives.
The fallout goes even beyond that. Limited judicial resources are obviously stretched appreciably by litigation that can turn complex and lengthy and is often marked by an extended pre-trial discovery phase featuring depositions, evidence gathering and procedural considerations.
Further still, a delayed outcome can increase the time in which a hospital can learn from and fix medical errors, thus improving the quality of medical care.
With all this in mind, a limited pilot program is under way in New York that seeks to expedite malpractice cases and outcomes by having a judge experienced in medical matters directly supervise and become the point person for all relevant matters. The hope: a fair and expedited outcome that benefits all parties involved.
The idea behind the program -- which is currently in place for about 200 cases and seeks to become a national model -- is that an involved and knowing judge will ensure that discovery moves promptly, that the parties are actively engaged in negotiation, and that an outcome can be reached without delay.
Important for plaintiffs in the process is that no specific settlement amount can be imposed upon them. If the litigating parties cannot reach a settlement, no impediment precludes initiation of a lawsuit through the court system.
The program will be continuously studied and evaluated. It is funded in part by a federal grant of $3 million.
Source: Washington Post, "Judge devises model for resolving medical malpractice cases more quickly" Nov. 21, 2011
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