PUBLICATIONS
Sacramento California Mediation
MEDICAL PROVIDER APOLOGIES FOR MEDICAL COMPLICATIONS OR ERROR
In a perfect world, there is open communication between patient and physician. When the patient has suffered a complication that is or might be the result of a medical error, most physicians want to tell the patient but many fear reprisal. For this reason, several state legislatures have been considering legislation that would allow apologies by health care providers by preventing their apologies from being admitted into evidence for any purpose. In 2003, the State of Colorado enacted a statute that protects medical apologies. The State of Oregon also has a similar law.
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MEDICAL MALPRACTICE: MEDIATION & ACRBITRATION
Medical providers, insurance companies and litigants are finding that mediation can be a better solution to their disputes than litigation.
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ASSESSING THE RISK OF DEFENDING CLAIMS INVOLVING PATIENT FALLS
In 2005, the Joint Commission of Accreditation of Hospitals developed several national patient safety goals in order for accredited healthcare organizations to maintain focus on the most critical patient safety issues. One of the 2005 goals was to reduce the risk of patient/resident/client harm resulting from falls.
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GETTING YOUR OPPONENT TO MEDIATION
Parties and their attorneys often ponder the question of how to get their opponent(s) committed to the mediation process. One way that involves no loss of face is for one party to contact the mediator. The mediator then contacts the opposing side. Through questioning of and discussions with opposing sides, the mediator may discover specific conditions under which the parties will be willing to negotiate with one another. These conditions might include issues regarding the timing or location of the mediation sessions or may include specific discovery issues that one side needs to resolve prior to coming to the bargaining table.
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