Supporting fair resolution after medical injury

It is a structured process intended to address unexpected medical harm before litigation. It generally combines factual review, timely communication, explanation of findings, an apology when warranted and consideration of fair compensation when the review identifies avoidable injury.

Read more about the care approach.

Earlier communication may help patients and families understand what happened, reduce uncertainty and participate directly in resolution discussions. For care organizations, careful review can also identify opportunities to improve safety. Outcomes depend on the facts and implementation in each matter.

An archived clinical article on the experiences of patients, families and clinicians is available as a download.

Published evaluations have examined claim frequency, cost and time to resolution after disclosure programs were introduced. Findings should be read in context because program design, institutions and study methods vary.

Review the archived study on liability claims and costs and an additional medical liability overview.

Massachusetts legislation enacted in 2012 introduced provisions addressing advance notice, medical records, disclosure and certain statements made after an unexpected outcome. Because statutes and interpretations may change, attorneys should verify the current text, procedural rules and relevant case law rather than rely on this summary.

The archived key provisions are available in this legislative document.

Counsel can help the patient interpret information provided by clinicians and insurers, identify unanswered questions and ensure that personal interests are considered. If compensation is proposed, counsel can evaluate its adequacy, explain settlement terms and support an informed decision.

Resolution may involve more than financial compensation. A client may also value a clear explanation, acknowledgment, practical support and evidence that safety concerns are being addressed.

A meeting may bring together the patient, family, clinicians, organizational representatives, insurers and counsel to discuss verified facts, review findings and consider next steps. Counsel should clarify who will attend, what documents are available, which issues remain open and how follow-up will occur.

Participation alone does not necessarily waive legal rights. An accepted settlement commonly includes a release or other terms affecting future claims. Counsel should review all documents and explain the legal effect before a client agrees.

Patients are entitled to factual information about their care, but the treatment of apologies, explanations, peer-review material and settlement communications depends on applicable law and circumstances. Participants should distinguish known facts from speculation and avoid premature conclusions.

Massachusetts law includes protections for certain expressions after an adverse outcome, subject to statutory conditions. Counsel should research the current law before advising on confidentiality, discovery or admissibility.

The amount and nature of work may differ from conventional litigation. Subject to professional rules and client needs, counsel may consider an hourly, limited-scope or adjusted contingent arrangement. Any agreement should clearly describe the scope, calculation of fees, expenses and what happens if the matter does not resolve.