The early discussion and resolution program, created to foster transparency with patients and avoid lawsuits, is designed to work without mediators in the first round of discussions, but if a mediator is needed, the state may have as few as six currently available. A task force came across the problem, which the Oregon Patient Safety Commission expects to correct, as it worked on enacting the law on July 1.

The state could have a shortage of mediators on hand in July as the Oregon Patient Safety Commission launches Oregon’s innovative plan to resolve medical errors without lawsuits.

A pair of malpractice mediators told a commission task force Tuesday that the state has only six to 12 people in all of Oregon who are currently practiced enough to meet the criteria that will get them on a state list of recommended mediators for the early discussion and resolution program.

Without a resolution process in place, there are few mediators who have dealt specifically with medical malpractice. But safety commission director Bethany Walmsley told The Lund Report that the state will be able to get around this conundrum by employing professionals who are skilled in the process of mediation, if not as intimately experienced in aspects of medical malpractice.

"There are plenty of [mediators] out there who will have that process piece," Walmsley said.

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