Patients and providers could meet after harmful care outcomes

A patient or representative and a health care provider may agree to meet and discuss a harmful care outcome. The outcome must be an undesirable experience associated with patient care that results in a patient's death or injury. A representative may take part if the patient is under 18 and not emancipated, deceased, or incapacitated. Both sides must agree to take part. Statements made during the conference cannot establish fault or negligence, or a defense to fault or negligence, and cannot limit or divide damages. Statements made outside the conference do not receive these protections, even if repeated during the conference. The conference may take place after the harmful care outcome occurs. A compensation offer must stay open for at least 15 calendar days.

A provider who requests a conference must send written notice to the patient or representative with required information. The notice goes to the patient or the patient’s representative. The notice must explain the right to get related medical records and to seek a lawyer and have one at the conference. It must include the cited lawsuit deadline law and explain that the conference will not extend the time to sue. It must explain the protections for statements made during the conference.

A patient or representative may request a conference by sending the provider written notice with identifying and outcome information. The request goes to the health care provider involved in the outcome. The notice must include the patient’s name and date of birth, and a brief description of the outcome at issue.