• 01
  • December
    2011

A common complaint of many plaintiffs in medical malpractice litigation is that the process unduly stresses their lives and finances by taking too long. Although this is certainly not always the case, it is undeniable that a deep-pocketed defendant -- such as a pharmaceutical company or hospital chain -- can stretch out a lawsuit through its pre-trial discovery period and thereafter, seeking to pressure a settlement that is often not in an injured party's best interests.

In fact, and according to an estimate from the Harvard School of Public Health, the "average" malpractice case takes about three years to resolve, from the filing of a claim until a verdict or settlement is reached.

Many critics of the system contend that a revised model/method would better serve all parties involved. One new program in New York seeks to put this to the test. The program has received a large grant from the federal Agency for Healthcare Research and Quality and is currently involved with about 200 malpractice cases.

The big difference between the pilot endeavor and typical litigation: The former is heavily weighted toward judge-directed negotiation and sidestepping delays concerning procedural meetings and discovery dates.

In New York, a judge commanding specific expertise over medical matters is appointed as a proactive supervisor in a case. He or she follows it through from inception to the end, overseeing the process and pushing the parties to meet and get things done.

One clear benefit to the plaintiff is that a settlement cannot be imposed. If an injured party or estate believes that the process is unfair or heading toward an unreasonable ending, a lawsuit can be brought through the courts.

It will be some time before truly responsive studies emerge concerning the program and the results obtained. Until that time, close scrutiny will be directed toward New York's test program to expedite malpractice outcomes and make their results reasonably fair to all involved parties.

Source: Washington Post, "Judge devises model for resolving medical malpractice cases more quickly" Nov. 21, 2011