Oregon Law Encourages Mediating Disputes Over Medical Errors by Christian Gaston, The Oregonian (March 18, 2013)SALEM -- Gov. John Kitzhaber signed a bill Monday creating a new process for patients, doctors and health care providers to mediate disputes over medical errors. Kitzhaber praised Senate Bill 483, the product of a work group tasked with coming up with a method of improving patient care and reducing defensive medicine. "I think the result is a really innovative piece of legislation," Kitzhaber said. Under the new law, patients, health care providers and doctors could enter into a confidential mediation before going to court over a medical error. Supporters hope the mediation process will prevent frivolous lawsuits from going forward.

Oregon Introduces Alternative to Medical Malpractice Lawsuits 29 Mar 2013 by BarryB in U.S. Regional News Oregon became the latest state to accept mediation as an alternative to medical malpractice lawsuits. The bill was introduced by Governor John Kitzhaber, who is also a physician, and was backed by legislators on both sides of the aisle, including several with advanced medical degrees. Kitzhaber’s goal was to reduce the number of medical malpractice cases in Oregon courts while creating a solution that is better for patients and medical providers.

This law gives patients the option to undertake mediation instead of pursuing a traditional lawsuit. Victims will have the opportunity to work together with physicians, receive an apology and negotiate a monetary settlement. Today, many medical malpractice cases end with an out-of-court settlement, and this law will make that solution even more common. Patients will also have additional privacy because all discussions are confidential, and sensitive medical records don’t have to be entered into evidence. Victims will still be able to consult an Oregon personal injury lawyer to assist with the process.

Governor Kitzhaber created this new mediation system looking forward and taking into account major changes that are occurring in the healthcare industry. Now, malpractice discussions will be overseen by the Oregon Patient Safety Commission. The idea is that by talking and working together, patients and doctors can reach an amicable agreement and a solution that provides closure and improves the patient’s health.

“Early Discussion and Mediation is an innovation that will improve patient safety by allowing providers and patients to openly discuss health incidents that cause harm,” said Senator Floyd Prozanski (D-Eugene), chair of the Senate Judiciary Committee. The Early Discussion and Mediation proposal has been endorsed by both the Oregon Medical Association and the Oregon Trial Lawyers Association. Both organizations worked together to find consensus in a workgroup on patient safety and defensive medicine convened by Governor John A. Kitzhaber under the direction of 2012’s Health Care Transformation Act (SB 1580).

 

Oregon’s Medical Apology Statute

ORS 677.082 Expression of regret or apology (1) For the purposes of any civil action against a person licensed by the Oregon

Medical Board or a health care institution, health care facility or other entity that employs the person or grants the person privileges, any expression of regret or apology made by or on behalf of the person, the institution, the facility or other entity, including an expression of regret or apology that is made in writing, orally or by conduct, does not constitute an admission of liability for any purpose.       (2) A person who is licensed by the Oregon Medical Board, or any other person who makes an expression of regret or apology on behalf of a person who is licensed by the Oregon Medical Board, may not be examined by deposition or otherwise in any civil or administrative proceeding, including any arbitration or mediation proceeding, with respect to an expression of regret or apology made by or on behalf of the person, including expressions of regret or apology that are made in writing, orally or by conduct.