New York State will be conducting a pilot program that may eventually impact the way medical malpractice lawsuits in Buffalo are handled. The purpose of the three year pilot program, which is supported by a $2.9 million federal grant, is to improve patient safety, reduce preventable medical injuries, and reduce the cost of medical malpractice cases by promoting swift resolution.
Five New York City hospitals are participating in the program. They are required to initiate programs that promote a culture of patient safety. Four hospitals will initiate safety interventions in obstetrics, and one hospital will initiate safety interventions in general surgery.
When a medical error does occur, each hospital must have a program whereby it will provide early disclosure of the error to either the patient or the patient’s family and make an early (pre-litigation) offer of compensation, if appropriate. When settlement is not achieved and a lawsuit ensues, a courtroom will be established for the purpose of achieving rapid settlement through Judge-Directed Negotiations.
The judges in these cases will be carefully selected and receive training in specific areas of medicine and in negotiation and mediation skills. Their purpose will be to attempt to negotiate a quick resolution to the case. If successful, this system should greatly reduce the costs associated with protracted litigation.
Data from the pilot program will be collected and analyzed, and the Judge-Directed Negotiation program will be evaluated by the Harvard School of Public Health to determine whether it achieves its goal of rapid settlement and reduced medical malpractice costs.
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