Negligence

We are often inspired and given hope by success stories that flow from the profound efforts of the medical profession.  But there are also those cases in which the outcome is a less than hoped-for result. Sometimes that is the best outcome there could have been; sometimes a disappointing outcome is the result of negligence or medical error. Because of the devastating impact on a life, family and a community, these are often the most difficult and emotionally trying disputes to work to resolve. Patients and families can become fearful, frustrated and angry, especially when they run into a “wall of silence” when they ask what happened or why it did. Relationships between healthcare providers, individual physicians and individuals can become strained. Doctors who want to offer an explanation, heart-felt empathy or an apology are often directed by insurance companies and attorneys to say nothing. Vital interests, beyond those of money damages, are not met. 

There are alternatives to filing what is most often a lengthy, expensive, and damaging medical malpractice lawsuit. Options such as Collaborative Law and mediation can satisfy a patient’s need for a quicker resolution and minimize the costs to the healthcare providers a well as the insurance carriers. These ADR methods can, through interest-based negotiation, achieve positive outcomes like needed changes and reforms in policies and procedures and the creation of a healthy, protected environment within which doctors and patients may have the discussions they both need for better understanding and closure.

Our focus on dispute resolution in health care matters includes the following areas:

• Medical Malpractice claims
• Complaints against physicians and other health care providers
• Conflicts within group practices, nursing homes, home health organizations and hospitals
• Clinical ethical issues
• Disputes over health care coverage

The Zeytoonian Center’s focus is also proactive and preventive, working with hospitals and medical practices, to put measures into place to prevent disputes from arising.  Our proactive services include the following:

• Training in disclosure techniques following unexpected outcomes
• Training in communication skills that maximize patient safety while building strong, collaborative relationships
• Ombuds services for hospitals and heath care practices
• Preventive training in discrimination, harassment and internal investigations in healthcare settings
• Drafting and review of employment-related contracts and agreements for health care practices