New York has begun a new program to train more judges in medical malpractice, so they may efficiently aid the settlement process in order to save time and money. The program draws its inspiration from the successful experiences of Bronx Judge McKeon and a city health services policy.
The new program is spurred by a $3 million federal grant to train judges in medical issues throughout Brooklyn, Queens, Manhattan, and in Erie County. Those touting the program are confident it will be in demand throughout the nation.
The reason judges need to know more about medical malpractice issues is to aid opposing lawyers when they want to make a speedy settlement, according to Bronx Justice Douglas McKeon, who is one such facilitator. Over the course of 15 years, he has presided over more than 1000 settlements. 12 to 15 "intense discussions" now await him every month.
New York City Health and Hospitals Corp., which takes care of legal matters on behalf of 11 public or municipal hospitals, created a special claims and law department five years ago. Its focus has been geared towards settling cases as soon as possible. It now boasts a 95% settlement rate. It also owed $66 million less in malpractice settlements last year than it did in 2003.
McKeon calls it a waste of resources when, "without close scrutiny by one judge, cases can come back several times ... with settlements discussed [and] doctors refusing to agree." A more knowledgeable judge, the reasoning goes, can eliminate this inefficiency, which is why the new program is being piloted.
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