Mandatory Pre‐Suit Mediation for Medical Malpractice: Eight‐Year Results and Future Innovations

Jenkins, Randall C.; Firestone, Gregory; Aasheim, Kari L; Boelens, Brian W.

doi:10.1002/crq.21194

Cited by 2 publications

(1 citation statement)

References 7 publications

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“…A number of injured patients in New Zealand, when presented with easily accessible monetary and/or non-monetary remedies, chose the non-monetary route (Bismark et al, 2006). Jenkins et al (2017) (Dyer, 2017).…”

Section: Introductionmentioning

confidence: 99%

Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland

2022

JMACA

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This paper looks at why mediation is not more widely used in medical negligence claims in Ireland. It is based on research, undertaken in connection with an MA in Mediation and Conflict Intervention at Maynooth University, during which eight solicitors working in the field of medical negligence shared their experience and perspectives on the use of mediation in this area. The research finds that mediation is in use but only as part of the convoluted litigation system and the style used is focused on the legal interests of the parties rather than any emotional needs. The Irish State has introduced some measures to facilitate the use of mediation but there is no coherent strategy and low public awareness. Legislative changes to streamline the litigation system are on the way, but if the parties’ needs and interests are to be served, a more facilitative, people-centred mediation style should be adopted, supported by a coherent, government sponsored, restorative justice strategy.

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Section: Introductionmentioning

confidence: 99%

Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland

2022

JMACA

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Florida Patient Safety and Pre-Suit Mediation Program for Medical Malpractice Claims: 13-Year Results, COVID-19 Pandemic Implications, Future Innovations, and Blueprint for Nationwide Implementation

Jenkins¹,

D’Alesio²,

Gann³

2022

J Pub Health Issue Pract

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In 2008, the University of Florida Health system (UF Health) created the Florida Patient Safety and Pre-Suit Mediation Program (FLPSMP) to complement UF Health’s patient experience and loss prevention initiatives. The FLPSMP was designed to timely compensate patients for meritorious medical malpractice claims, reduce frivolous lawsuits, and facilitate early, effective communication between patients and their health care providers and health care facilities, with the benefits of confidential mediation conducted by court-certified experienced medical professional liability mediators. In its first five years, “[T] he program resulted in faster resolution of claims, lower legal expenses, and greater compensation to patients with meritorious claims [1].” After eight years, the FLPSMP continued to demonstrate the benefits of significantly reduced claim receipt-to-resolution times, substantial reduction in defendant legal expenses, and increased net proportionate recovery by claimants, compared to recovery through litigation [2]. This article updates the data to include the first 13 years of the FLPSMP, of which 12 occurred prior to the onset of the COVID-19 outbreak. Additionally, the authors explain the helpful provisions of mediation law in Florida that support the FLPSMP, discuss the impact of the COVID-19 pandemic on the FLPSMP results, report the perspectives of mediators who participate in the program, and recommend the FLPSMP as a blueprint for expansion nationwide as an alternative dispute resolution model. The analysis continues to demonstrate the positive impact of the program in providing a fair platform for swift resolution of claims, reduction of expense, uncertainty, and delays of protracted litigation for all parties, and settlements with a better net outcome for claimants.

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Mandatory Pre‐Suit Mediation for Medical Malpractice: Eight‐Year Results and Future Innovations

Cited by 2 publications

References 7 publications

Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland

Look who’s (not) talking: The use of mediation in medical negligence claims in Ireland

Florida Patient Safety and Pre-Suit Mediation Program for Medical Malpractice Claims: 13-Year Results, COVID-19 Pandemic Implications, Future Innovations, and Blueprint for Nationwide Implementation

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