An Act Concerning Complaints Pending In The Department Of Public Health Against Physicians And Certain Other Health Care Providers And Establishing A Mediation Program For Medical Malpractice Actions.
The bill introduces mandatory mediation for civil actions that seek damages related to personal injury or death due to alleged negligence by health care providers. This requirement is aimed at fostering quicker settlements and reducing the backlog of cases in court. By directing cases to mediation, the bill highlights a shift towards alternative dispute resolution mechanisms within the medical malpractice space, which could potentially lead to less litigation and more amicable resolutions between patients and providers.
SB00222 aims to amend existing state laws concerning complaints against physicians and other health care providers within the jurisdiction of the Department of Public Health. This legislation seeks to create a more transparent process for individuals who file complaints, allowing them to receive updates on the status of their complaints, notice of any proceedings, and a summary of the final decisions made by the department. The intention is to ensure that complainants are kept informed and that there's accountability in the handling of complaints against health care professionals.
However, the proposed changes may not be without controversy. Some stakeholders express concern that mandatory mediation could undermine the rights of individuals to pursue legal action in cases of severe malpractice, effectively pressuring them to settle rather than seek a fair trial if mediation does not yield a satisfactory outcome. Moreover, providing complainants with access to information about their complaints may also raise questions about confidentiality and privacy, particularly regarding sensitive medical records and information concerning health care professionals.