Is There a New Way to Settle New York Medical Malpractice Cases?


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7/7/2011
The Pagan Law Firm, P.C.
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There may soon be a new way to encourage New York medical malpractice settlements. New York City currently has a $3 million grant from the federal government to experiment with a new program known as judge directed negotiation.

How Judge Directed Negotiation Works

Under the New York City program*, the judge assigned to the case has training in medical issues and is assisted by a nurse with legal training. The judge holds frequent conferences with the lawyers for each party, who must have the authority to settle the case. The conferences begin earlier in the case and are designed to help the parties come to an agreement as soon as possible.

Potential Benefits and Drawbacks of Judge Directed Negotiation

Judge directed negotiation may provide potential benefits for both individual victims and society. For medical malpractice victims, damages may be awarded sooner than in traditional medical malpractice settlements. Additionally, some experts estimate that judge directed negotiation could save $1 billion every year if the program was adopted nationally.

However, some victims may be concerned about lower settlements and whether judge directed negotiation results in a consequence that truly holds the wrongdoer responsible.

Why You Need a New York Medical Malpractice Attorney to Represent You

If you have been hurt by medical malpractice, it is important to contact a New York medical malpractice lawyer and discuss all of your legal options, potentially including judge directed negotiation. For more information about your rights and how to recover potential damages, please call an experienced New York City malpractice lawyer at 1-800-PAGAN-911.

*Source: Glaberson, William. "To Curb Malpractice Costs, Judges Jump in Early" New York Times, June 12, 2011

Read More About New York Medical Malpractice Settlements in our Free Library Article: When to Settle - and When Not to Settle - Your New York Medical Malpractice Case 

Category: Medical Malpractice


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