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Mandatory Pre‐Suit Mediation for Medical Malpractice: Eight‐Year Results and Future Innovations
Author(s) -
Jenkins Randall C.,
Firestone Gregory,
Aasheim Kari L.,
Boelens Brian W.
Publication year - 2017
Publication title -
conflict resolution quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.323
H-Index - 21
eISSN - 1541-1508
pISSN - 1536-5581
DOI - 10.1002/crq.21194
Subject(s) - malpractice , confidentiality , mediation , receipt , business , dispute resolution , law , accounting , political science
Situated in the litigious state of Florida, UF Health implemented its mandatory pre‐suit mediation program in 2008 to compensate meritorious medical malpractice claims quickly, combat increasing attorney fees and costs, reduce frivolous lawsuits, and facilitate early, confidential communication to enhance the patient‐provider relationship. Data analysis over the program's eight‐year history demonstrates positive impacts on legal expenses and resolution time; results show a reduction in legal expenses of 87 percent as compared to traditional litigation and average receipt‐to‐resolution time of less than six months. The authors examine the Florida infrastructure supporting the program's success and offer recommendations for future expansions.