Featured News 2013 Oregon House Passes Medical Malpractice Mediation Bill

Oregon House Passes Medical Malpractice Mediation Bill

In the state of Oregon, Senate Bill 483 has been slowly working its way through the government and is now on its way to the Governor, John Kitzhaber’s, desk. The bill allows for mediation which can circumvent some medical malpractice cases. The new law would allow patients, providers, and health care facilities to enter into confidential legal negotiations with each other with the assistance of professionals in order to avoid having to take a medical malpractice lawsuit to court. With legal mediators there to oversee the process, the Oregon government hopes that they could free up court dates by trying this new process.

Supporters of the bill say that it is a positive step towards reducing the silly and unmeaning claims that often come into the courts. Supporters believe that too many patients come to the court with frivolous claims that are either baseless or are not convincing. With a close-working mediator to help, the government believes that the court officials will be able to determine ridiculous claims before the courts have to spend money and time on them and isolate other circumstances where reimbursement and damages are in order. Those that do not support the bill claim that it doesn’t go far enough and cannot live up to the promises about addressing medical malpractice claims that Governor Kitzhaber made last year.

Still, the measure has gained support from both doctors and trial lawyers, who say that mediators could help to organize claims in an effective manner. Even though the lawyers and doctors are normally at odds when it comes to this situation, both agree that this new measure could be affective. In a press release, the governor of Oregon said that the bill has excellent language and that he is looking forward to the possibilities of it in the future. Oregon is not the only state that has considered new measures for medical malpractice claims. Other states have created caps for damages, and some states are designating standards for which cases should be heard and which should be shut down immediately.

The bill has also earned support from the Oregon Trial Lawyers Association and the Oregon Medical Association. It is the response of an effort by the governor to bring doctors and lawyers together and discuss the unnecessary aspects of the medical malpractice system. The bills also won a stamp of approval from the Joint Ways and means Committee in unanimous vote. The government of Oregon believes that the mediation measures would be a benefit to victims, rather than a hardship. This is because it will allow wronged patients to avoid the length and expensive medical malpractice lawsuits that involve so many court fees and other costs.

Because these men and women are struggling to pay their medical expenses as it is, having a mediator who could meet with them at their convenience outside of a court room can help. The measure does not block all means of court room negotiations, but would discourage them and establish a program which would be used to handle most of the medical negligence and malpractice cases in the area. It is not yet certain whether nursing home abuse cases would also go through tis process rather than the traditional court room negotiations. As it is, many medical malpractice cases never actually make it to trial.

In Florida at present, the courts are dealing with the medical malpractice laws and are trying to change measures which determine that parents are not allowed to recover damages for their adult children in the event that they are killed or incapacitated in a medical malpractice suit. If you want more information about the medical malpractice laws in your state, or you are looking for a mediator or a lawyer to help with your situation, then you need to hire an attorney near you today. Use this medical malpractice directory to determine the closes attorney that can assist you in your case!

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