In Michigan, medical malpractice claims can be lengthy, burdensome, and expensive. Injured survivors and their families often have to wait years for a resolution, and the process leaves them feeling like their complaints go unheard. That may change, however, if a model being piloted in Massachusetts catches on.
Emphasis on Cooperation, Improvement
The pilot program focuses on a prompt response to instances of medical malpractice. The approach is known as “CARe” – Communication, Apology, and Resolution. The hope is that medical providers will honestly discuss treatment errors with patients. In turn, statements of sympathy or apologies won’t be used against them in a lawsuit. In the end, compensation for legitimate claims can hopefully be agreed upon and onerous court proceedings avoided.
Originated in Michigan
Although the concerted pilot effort is making news in Massachusetts, the program is modeled on the University of Michigan Health System. Michigan also adopted a law in 2011 that allows health care providers to apologize and express compassion and commiseration without having to worry about their statements being admissible in court.
These “reforms” are more promising than medical malpractice damage caps and economic immunity. By being honest with malpractice survivors and giving them a chance to be heard, many claims can be resolved quickly and to everyone’s satisfaction.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.