A new Oregon law gives patients options for addressing medical malpractice problems that result in serious physical injuries.
The Oregon Patient Safety Commission’s “Early Discussion and Resolution” program goes into effect today, July 1, 2014. Under this new law, health care patients or providers may give notice of any “adverse healthcare incidents” to the Patient Safety Commission.
Under some circumstances, the provider and the patient can engage in an “Early Discussion” of the incident and participate in a formal early mediation of a claim, without having to file a lawsuit. The injury at issue must be a “serious physical injury” as defined by regulation.
While patients may go through this discussion and mediation process without a lawyer, it will usually make sense to be represented by an attorney who understands medical malpractice issues and the new program. If you have questions about Oregon’s Patient Safety Commission or the new “Early Discussion and Resolution” program, please contact the Dumas Law Group.
From the Oregon Patient Safety Commission website:
What if a Patient is Seriously Injured During Healthcare?
Healthcare providers work hard to provide patients the best care every day, but unfortunately patients can still be seriously injured or die during care. After tragic incidents like this, the patient and providers involved struggle to cope with negative emotions. Both patients and providers need resolution.
Early Discussion and Resolution (EDR) in Oregon offers patients (or their representatives) and their healthcare facilities or providers a process for having an open, caring, and confidential conversation if serious physical injury or death occurs during healthcare.
The Goal of Early Discussion and Resolution
The goal of Early Discussion and Resolution is for a patient (or patient’s representative) and their healthcare facility or provider to come to a shared understanding about what led to a serious physical injury or death and what should happen next. By participating in Early Discussion and Resolution, a patient and their provider can seek the resolution they need to move forward.
This process was created by an Oregon work group to:
- Improve patient safety;
- More effectively compensate individuals who are injured during healthcare; and
- Reduce the collateral costs associated with the medical liability system, including the costs associated with insurance administration, litigation and defensive medicine.
You can learn more at the Oregon Patient Safety Commission website.