A national non-profit, the Patient Advocate Foundation, relies on mediation to ensure that patients with life threatening or debilitating diseases have adequate access to care or receive other needed assistance. The Foundation’s annual Patient Data Analysis Report states that over 48,000 matters were successfully managed for patients last year using mediation or arbitration. The report noted that 93% of patients helped by the Foundation had some health insurance, but were often “underinsured” and lacked the ability to obtain the coverage needed.

PR Newswire (April 29, 2009)

Eighteen health-interest groups, including insurers, consumer advocates and hospitals, issued a report urging the government to meet the goal of all Americans having health insurance. With the help of a mediator over a six month period progress was made by the groups, which called their effort the Health Reform Dialogue, but consensus was not reached on divisive issues such as whether to mandate that all consumers must obtain health insurance. The American Federation of State, County and Municipal Employees pulled out of the talks in February and the Service Employees International Union didn’t join on the report, but the 18 groups that issued the report included large entities such as the Pharmaceutical Research and Manufacturers of American and the American Medical Association.

Bloomberg (March 27, 2009)

Mandatory mediation of medical malpractice cases in Madison County, which the Illinois Supreme Court approved in 2007 establishing the first rule of its kind in Illinois, worked as intended to settle a wrongful death case alleging inadequate care by a nursing home. The mediation rule is also considered unique by allowing parties to chose between lawyers and judges to mediate the case. In the wrongful death case, a judge was assigned in February to mediate the matter. The terms of the settlement were filed under seal and not disclosed.

The Madison - St. Clair Record (October 10, 2008)

A research report on an appropriate mediation model for long-term care facilities concluded that care could be improved by involving residents and families through mediation, but that intensive outreach is required within facilities. Many cases referred to mediation were not mediated due to barriers from lack of knowledge of potential benefits and availability. The report was published in the Journal of the American Medical Directors Association.

Health & Medicine Week (August 4, 2008) (Subscription Required)

Medical providers are increasingly offering earnest apologies and full disclosure of mistakes to their patients, along with fair compensation, in an effort to resolve matters promptly and avoid contentious medical malpractice litigation. Medical centers report that claims and lawsuits drop substantially when such practices are followed, and that overall costs are significantly reduced even while more patients are compensated. The American Medical Association, the American Hospital Association and other medical groups now encourage disclosure. Further, 34 states now prevent use in litigation of apologies for medical errors.

New York Times.com (May 18, 2008)

A pilot project to pair up doctors and lawyers as co-mediators in an effort to resolve medical malpractice claims has begun at a Philadelphia suburban hospital. The productivity and healing potential of mediation is being emphasized over the possible monetary savings, as the program tries to reach better outcomes for the parties. Mediation training has begun for 30 doctors and lawyers to become mediators, which was eye-opening for many doctors who realized for the first time how hard it can be to deal productively with strong emotion and find common ground. Many of the lawyers had previous experience with mediation and are expected to take the lead initially in mediations.

Philadelphia Inquirer (March 4, 2008)

Mandatory mediation of all lawsuits involving professional negligence claims against health care providers (defined broadly) would be required by H.B. 8, which was introduced in Kentucky on January 23, 2008. The Kentucky legislation sets forth procedures for the mandatory mediation, including timing, selection of mediators, attendance, location and submission of materials. The mediator is required to submit a report to the applicable court on the outcome of the mediation. In addition, H.B. 8 would prevent apologies for any unanticipated outcomes due to medical treatment from being admitted in any litigation or arbitration as an admission of liability or other admission against interest; however statements of fault which go beyond apology would remain admissible.

Kentucky H.B. 8

Mandatory mediation of all medical malpractice cases was approved for Madison County by the Illinois Supreme Court, establishing the first rule of its kind in Illinois. The new rule is also considered unique by allowing parties to chose between lawyers and judges to mediate the case, although a judge trained in mediation will be assigned at no cost to the parties unless all parties agree on an alternate mediator who they will compensate. All mediators are required by the rule to file a report with the court stating whether the parties mediated in “good faith.” Mediations must be completed within 90 days after the depositions of all plaintiffs and defendants.

The Madison-St. Clair Record (September 26, 2007)

A successful pilot mediation program for medical malpractice cases in Rhode Island Superior Court is being expanded statewide and will be permanent. The program, which requires all med mal cases to go to mediation prior to trial, achieved settlement in about half its cases. Counsel for both plaintiffs and defendants support the program, especially in larger cases. In addition to saving time and money, successful mediations spare families from reliving their anguish at trial. The program also has made a difference in delays that have plagued Rhode Island, where med mal cases on average take over six years, and has reduced the need for legislative reform that many believe would harm those with legitimate claims.

Providence Business News (June 25, 2007)