Image courtesy of smokedsalmon / freedigitalphotos.net

The cost of medical malpractice in the United States has risen to over $55.6 billion a year, and as litigation increases, this figure only continues to grow.  The costs for doctors are overwhelming and have shut down smaller and privately-owned practices with the simple inability to pay the malpractice insurance premiums needed to mitigate the risk.  For this reason, legislatures across the country are considering alternative methods of dealing with the growing problem—with medical malpractice mediation being at the top of many states’ lists.

Oregon is one such state.  This past week, a bill known as Senate Bill 483 encouraging medical malpractice mediation as a form of alternative dispute resolution passed the Oregon House and is heading for the desk of Oregon Governor John Kitzhaber for his final approval.  The Oregon Senate passed the bill with a 26-3 vote and the Oregon House of Representatives passed it with an even greater margin of 55-1.  Since the governor has been an advocate for alternative solutions to medical malpractice claims within the state, he is expected to sign the bill into law.

Under this new legislation, which is anticipated to cost nearly $1.6 million for the state, patients and physicians or healthcare facilities would have the opportunity to participate in confidential mediation as a way to stave off a medical malpractice lawsuit.  The lawmakers hope that the bill’s presence will help the state avoid frivolous malpractice claims, although many experts believe that the bill’s measures do not go far enough in putting a dent in the problem.  Such experts are blaming Governor Kitzhaber for working to pass feel-good legislation that will not do any real good once in practice.

Governor Kitzhaber’s statement regarding the legislation would seem to show otherwise.  “I committed last year to bring a proposal to the Legislature to ensure that our medical liability system fits within our shared vision of health system transformation,” Kitzhaber said, “and I appreciate the Legislature supporting this effort.”