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News - 2015

Mar. 2015

Jeffrey N. Catalano of Todd & Weld LLP Interviewed for Assessment of "Disclosure, Apology and Offer" Law After Two Years of Enactment

Jeffrey N. Catalano is a partner with Todd & Weld LLP whose practice includes representing plaintiffs in medical negligence matters.  Massachusetts Lawyers Weekly  interviewed Mr. Catalano for an article appearing in its March 2, 2015 edition entitled "Two Years In, Medical-Mal Reforms Seen as Promising."

Mr. Catalano was a moving force in the enabling legislation negotiated by the Massachusetts Bar Association, the Massachusetts Medical Society, and the Massachusetts Academy of Trial Attorneys.  Known as the CARe model (Communication, Apology, and Resolution), proponents say it is showing promise of meeting its goals of resolving malpractice claims quickly and reducing future mistakes through open disclosure and discussion of medical errors.

Mr. Catalano told Lawyers Weekly that he agrees that the early signs are encouraging.  "I do see that hospitals and insurance companies are stepping up and doing the right thing in the right cases.  It's been a very significant source of satisfaction for my clients."  Mr. Catalano stressed that lawyers still need to do due diligence on the front end to ensure their clients do not accept unfair offers.  "Although [an offer] may look appetizing to your client, you have to really think through whether it's all they need for the future.  Even though you are settling your case early, even though you might not be doing protracted litigation, in many cases you still have the obligation of talking to experts, getting an economist and a life-care planner."


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