CARe: For Attorneys

Though lawsuits can help patients and families receive compensation in some cases, the reality is that it rewards very few patients and is not equitable. In many cases, patients and families go through a long, arduous process without getting what they need or want. CARe helps make this process less time-consuming and difficult for patients. By including all parties involved and emphasizing transparency, it allows for a quick and fair resolution. Research in Michigan and here in Massachusetts find evidence of reduced malpractice claims, decreased cost, and time to resolution with CARe.

Patients going through the CARe process are strongly encouraged to be represented by a lawyer. The attorney's role is to help the patient process the information shared by the health care providers and insurers, and ensure their needs and interests are addressed. If compensation is warranted, attorneys make sure that the compensation is fair and that their clients understand the settlement terms.

No, a patient does not need to sign away the right to sue in order to participate in CARe. If, however, the patient accepts compensation for injuries offered through a CARe program, they must forego litigation.

In 2012, the governor signed the Chapter 224 Payment Reform which made significant changes to the medical liability system in Massachusetts. This law provides strong apology protection, sharing of medical records, and expectations of full disclosure after medical harm occurs to a patient during care. These changes paved the way for the CARe model and were endorsed by the Massachusetts Bar Association (MBA), Massachusetts Academy for Trial Attorneys (MATA), and Massachusetts Medical Society. Full text of the key provisions of the legislation is available here.

Health care organizations implementing CARe commit to open and honest communication with patients. Information shared in these meetings should be truthful and transparent. The benefit of CARe is that legal and medical concerns from all parties will be shared together in a collaborative environment. The patient receives an apology and appropriate compensation, and efforts are made to improve patient safety to prevent recurrences.

The CARe approach is less expensive than litigation because the process requires less time and works toward a resolution. The statutory contingent fee structure may not be appropriate. Ideally, the objective is to evaluate an already existing offer from the hospital and insurer, not to engage in the same level of extensive discovery and expert review associated with traditional litigation. Therefore, having a flexible and fair billing arrangement such as hourly pay or a reduced contingent fee should be considered when representing patients.