Mediation Program Launched in Montgomery County
No matter the verdict, nobody wins in a medical malpractice lawsuit. Even after all the time, stress, and expense involved in a trial, patients often don’t get what they wanted to start with—an answer.
The Montgomery County Medical Society and Montgomery County Bar Association think they may have hit on a solution.
Together with the Pennsylvania Medical Society and Abington Memorial Hospital, they have launched a pilot mediation program at Abington. It is designed to help physicians and patients resolve problems before they get to the courtroom.
“The program offers some things that the courtroom can’t. It gives an opportunity to heal. A lot of the time, patients just need to be able to talk with their doctors about what happened,” said Mark Lopatin, MD, a rheumatologist and one of the organizers of the program.
“If something happens and patients aren’t sure if it’s a mistake or an error, the only avenue they have to find out what happened is to threaten a lawsuit and take it to court. It becomes a battle and there’s no opportunity for healing to take place,” said Mark Pyfer, MD, immediate past president of the Montgomery County Medical Society. “Patients are still citizens of Montgomery County. They want their care to be given at Abington, and they most likely want to go back to their doctors.”
The mediation process begins somewhat informally. A patient lodges a complaint to an Abington Memorial Hospital staff member, who works to resolve the situation—perhaps by bringing in the physician to explain what happened.
If that doesn’t work, the formal mediation process begins. Two mediators—a lawyer and a physician—try to hammer out a compromise. At any point in the process, the patient can still choose to file a lawsuit.
Dr. Lopatin says the process is more civil than a traditional lawsuit.
“We’d never let our children behave this way in a conflict. We tell them to talk it over, compromise, forgive, and shake hands. Why we don’t do that as adults?” he asked.
Drs. Lopatin and Pyfer said they hope the program will catch on in other areas.
“Our goal is for this to serve as a model for programs throughout the state for a different avenue for dispute resolution between a patient and a doctor,” Dr. Pyfer said.
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Last Updated: 8/27/2008