0:01

So what is the problem with a DR?

0:03

The problem is, is that most sides, um, get pretty stuck

0:08

or dug into their position.

0:10

And it's only a very small case

0:13

or percentage of cases that start out

0:15

where both sides see a, a problem right away.

0:18

Meaning either this is something that just needs

0:22

to be dismissed or yeah, there's a big problem

0:25

and it needs to be settled.

0:26

So I would put that category of cases

0:29

where both sides see it the same way in single digits.

0:33

The bigger issue is, is that greater than 90% of the time

0:39

that one or both sides see this as clearly a winner.

0:44

And more often than not, the defense is like, Nope,

0:47

I can defend this case.

0:48

And plaintiffs are like, Nope, this is wrong.

0:50

We're moving forward. So that's

0:52

where we get stuck in the litigation loop, if you will.

0:55

Okay. We're marching, we're filing

0:57

and we're marching forward.

1:00

So what are the pros and cons of both the pre-filing

1:04

and the profiling?

1:05

One, once it's you,

1:07

it's everyone's decided we're moving forward.

1:11

What are the benefits

1:12

and the risks of either trying to resolve it before filing

1:17

or after the case has actually been filed with the court

1:20

and you're in the litigation process?

1:22

So looking at the pre-filing methods, the biggest

1:26

by far the biggest bonus for physicians is that

1:31

in most cases there are no, um,

1:36

there's no reporting to the national practitioner database.

1:40

Okay? And this is something that, um,

1:45

is a, is a big attraction for physicians who say, okay,

1:48

maybe I did make a mistake.

1:50

Let's, um, see if we can't get this resolved.

1:54

Because if it doesn't get reported, I mean that,

1:57

that's a positive for the physician.

1:59

Um, also at this stage, if you,

2:02

if there's an interest on both the part of both sides to try

2:05

to resolve it, I would say that it is far less contentious

2:09

and less expensive

2:10

because you're not spending the money on both sides doing

2:13

all the discovery that's necessary.

2:16

Once you enter the litigation process in general, I think

2:20

that sort of the bargain tends to be that it'll settle maybe

2:24

for a little bit lower, but at least you know

2:26

it's gonna settle for something.

2:28

So it's weighing that the pros and cons in that regard.

2:32

Do you wanna try to do it, uh, that way?

2:35

And what happens in this regard is sort of going back

2:38

to the earlier ones that I mentioned, which is

2:42

that if the risk management of the physician comes

2:45

to the patient says, Hey, can we,

2:48

can we resolve this matter?

2:50

Um, then you can look at doing this process.

2:54

Or if the patient through their lawyer typically contacts,

2:59

Um, defense in some manner

3:01

and says, Hey,

3:03

are you guys interested in entering this process?

3:06

The process that we have here in Colorado for this method

3:09

of resolution is called the candor case, or the candor laws.

3:13

And several states have variations on this,

3:16

but this is usually a set of laws that is supposed

3:19

to be initiated by the defense

3:23

and then it's meant to work out a system like,

3:26

can we resolve this?

3:27

And then nothing gets reported.

3:29

It becomes moot if a lawsuit is filed.

3:32

You cannot then re

3:34

or enter the candor process if a lawsuit has been filed.

3:40

So in looking at the post filing,

3:42

so now we're in a situation

3:44

where the lawsuit has been filed, so what,

3:47

what can happen typically if there is any type of resolution

3:51

after the lawsuit has been filed, and before trial, also

3:55

after trial, but just look, looking at this topic, um,

4:00

it's going to get whatever settlement's gonna get reported

4:03

to the national practitioner database.

4:05

So once a lawsuit's filed, that's kind of a done deal.

4:09

Um, obviously you're into the discovery phase then,

4:13

and it becomes more expensive for both sides.

4:18

Um, this is often when the court gets involved

4:21

and says, you guys will go to mediation

4:25

and see if you can resolve it.

4:28

Um, and so that, you know, involves both sides agreeing

4:32

to a mediator going through the process, which is,

4:34

it's in itself can be expensive,

4:37

but you do avoid trial if you can get it resolved.