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Lawyers' Perspective of ADR

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So what's my experience with doing this?

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Well, I would say that I, you know,

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I carefully review my cases.

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Uh, I'm not interested in doing cases

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that do not have merit.

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And I would say that of all the cases that I take,

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I settle 99% or more of them.

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We do a lot of work, we do a lot of discovery,

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but we get the case whittled down

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to we know we've got a good case, we know what it's worth,

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and we've convinced the other side that yes, this is

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where we are, and so we typically get it done.

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The cases that I was, uh,

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or the types of laws, the candor laws

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that I was telling you about, um, I'm finding

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that physicians are kind of warming up to that

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and we're, we've now actually had a couple of cases

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where the physicians are learning about this in Colorado

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and are reaching out and saying, Hey,

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can we look at resolving this case through candor?

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Because they really like the perk that it's not,

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if they can resolve it, it's not reported to the database

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and that, that makes a difference.

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Um, very often,

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I would say the most frequent experience I have here is

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going to mediation

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and I would say the vast majority of time, um, if we get,

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you know, if we get past the candor stage,

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the lawsuit's filed,

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and we're looking to resolve a case, um,

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mediation is a very successful way to do it.

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And it may not resolve that one that day,

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but it typically, the mediators continue to try to work it

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and see if they can't get it resolved up until the time

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that the trial starts.

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And like I said before, I have never done, um,

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an arbitration here.

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So I think that's a very rarely used process,

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at least in Colorado.

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What I would encourage you to do, um,

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if you find yourself involved in a situation

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where you've made a mistake

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and has potentially, you know, caused harm to a patient

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of yours, that you sit down and really consider whether

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or not you've made a mistake

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and was the the patient injured as a result of it,

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it doesn't mean you're a bad physician.

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We're human. We all make mistakes

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and I would, it is not gonna, don't let it define you

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for the rest of your life.

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Get it over with, get it done.

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If it should be resolved, resolve it. By all means.

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If you don't think you did anything wrong, fight it.

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That's why the system's there.

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That's why you're gonna have a lawyer,

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at least one looking out for you.

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But if a mistake has been made and,

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and somebody's been injured as a result of it,

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that's also why the system's there.

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You've got insurance, get the patient compensated,

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and move on with your life.

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I hope you've enjoyed this. Um, I certainly have. Thank you.

2:40

I.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Kelly P. Yousem, JD

Plaintiff’s Attorney

Stephen D. Brown, MD, FACR, HEC-C

Associate Professor of Radiology (Part-time)

Boston Children's Hospital and Harvard Medical School

Tags

Non-Clinical