OregonLawEncouragesMediatingDisputesOverMedicalErrorsbyChristianGaston,

TheOregonian(March18,2013)SALEMGov.JohnKitzhabersignedabillMonday
creatinganewprocessforpatients,doctorsandhealthcareproviderstomediatedisputes
overmedicalerrors.KitzhaberpraisedSenateBill483,theproductofaworkgroup
taskedwithcomingupwithamethodofimprovingpatientcareandreducingdefensive
medicine."Ithinktheresultisareallyinnovativepieceoflegislation,"Kitzhabersaid.
Underthenewlaw,patients,healthcareprovidersanddoctorscouldenterintoa
confidentialmediationbeforegoingtocourtoveramedicalerror.Supportershopethe
mediationprocesswillpreventfrivolouslawsuitsfromgoingforward.
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. Kitzhabers 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.
Thislawgivespatientstheoptiontoundertakemediationinsteadofpursuingatraditional
lawsuit.Victimswillhavetheopportunitytoworktogetherwithphysicians,receivean
apologyandnegotiateamonetarysettlement.Today,manymedicalmalpracticecases
endwithanoutofcourtsettlement,andthislawwillmakethatsolutionevenmore
common.Patientswillalsohaveadditionalprivacybecausealldiscussionsare
confidential,andsensitivemedicalrecordsdonthavetobeenteredintoevidence.
VictimswillstillbeabletoconsultanOregonpersonalinjurylawyertoassistwith
theprocess.
GovernorKitzhabercreatedthisnewmediationsystemlookingforwardandtakinginto
accountmajorchangesthatareoccurringinthehealthcareindustry.Now,malpractice
discussionswillbeoverseenbytheOregonPatientSafetyCommission.Theideaisthat
bytalkingandworkingtogether,patientsanddoctorscanreachanamicableagreement
andasolutionthatprovidesclosureandimprovesthepatientshealth.
EarlyDiscussionandMediationisaninnovationthatwillimprovepatientsafetyby
allowingprovidersandpatientstoopenlydiscusshealthincidentsthatcauseharm,said
SenatorFloydProzanski(DEugene),chairoftheSenateJudiciaryCommittee.The
EarlyDiscussionandMediationproposalhasbeenendorsedbyboththeOregon
MedicalAssociationandtheOregonTrialLawyersAssociation.Bothorganizations
workedtogethertofindconsensusinaworkgrouponpatientsafetyanddefensive
medicineconvenedbyGovernorJohnA.Kitzhaberunderthedirectionof2012sHealth
CareTransformationAct(SB1580).


Oregons 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.