The medical malpractice system, although helpful for compensating victims and promoting accountability in the medical community, is plagued by issues such as slow resolution. This is particularly so in large cities like New York City, where they continue with efforts to speed up the process and lower costs with a judge-directed negotiation program.
Malpractice Case Issues
The process of litigating medical malpractice cases produces similar issues both in New York and around the country. Frustrations include the massive amounts of time it takes to put a case together, argue and settle it, the high costs of bringing cases to trial and the extreme slowness of reaching satisfactory resolutions. The discovery phase alone, where parties gather evidence and take depositions, may take years to complete and require multiple judges. Also, settlement negotiation occurs so late that all trial work is usually completed.
Judge Douglas E. McKeon, a Bronx County Supreme Court administrative judge, developed and piloted a new judge-directed negotiation program for hospital malpractice cases in 2002. He created the program to save all parties involved in malpractice litigation both time and money by identifying suitable cases, then assigning one judge to monitor and facilitate settlement discussions early on in a lawsuit. Judges mediate, but do not dictate, settlement figures and parties can choose to leave the program if they are not happy with the process.
Program Successes
This program has had great success so far and many see it as a possible format for improving malpractice issues on a national level. Around 200 medical malpractice lawsuits have started in Judge McKeon's program. According to legal experts, the lifecycle of a typical malpractice case is three years. For cases involved in the judge-directed negotiation program, however, this timeline is shortened to six to nine months. The program even received a federal grant of $3 million last year to expand to more New York City hospitals.
Contact an Attorney
If you or your loved one was recently the victim of medical negligence, whether by a doctor, nurse, pharmacist or other medical professional, contact a New York City medical malpractice attorney to discuss your unique case. Lawyers with experience negotiating and litigating these sometimes technical cases can help you navigate the still lengthy medical malpractice process to get you the compensation you deserve for your injuries.
