Massachusetts Lawyers Weekly published an article on June 17, 2013 entitled: "Bar Moves to Stem Skepticism as Med-Mal Reforms Take Effect." The article describes the efforts of the Massachusetts Bar Association, the Massachusetts Medical Society and the Massachusetts Academy of Trial Attorneys in enabling passage of the landmark medical liability reform known as "disclosure, apology and offer." The model in Massachusetts is known as "Communication, Apology and Resolution," or CARe.
Jeffrey N. Catalano, a partner at Todd & Weld LLP, was recently appointed as the MBA representative to the board of the Massachusetts Alliance for Communication and Resolution following Medical Injury, or MACRMI, a group that is helping implement the CARe model and developing best practices to be used by health care providers across the state.
As stated in the article, the MBA has taken action to head off lingering skepticism over the new legislation. The twofold hope of the legislation was "that malpractice claims could be quickly and satisfactorily resolved before costly and lengthy litigation . . . ." Catalano stated, "When you put all your mistakes on the table, it forces you to look at it and say, 'That happened. How do we prevent it from happening again?'" According to Catalano, medical errors "result in 100,000 to 200,000 deaths a year; those resulting in harm but not death cost society $29 billion to $38 billion in future care, treatment and medications. Anything that reduces medical injuries, without reducing patient rights, is a good thing."