DeFrancisco & Falgiatano Law Firm
Call now for a Free consultation

Could safe harbor provisions improve patient care?

After decades of changes and law changes in a majority of states, it appears that medical malpractice reform is still a controversial topic. Indeed, physicians (and insurers) are afraid of multi-million dollar malpractice awards, and the way medicine is practiced (with defensive medicine) is indicative of this. With that said, wouldn’t it be worth taking a chance on another form of reform?

In a prior post we discussed the prospect of safe harbors, which essentially are ways for physicians to correct potential wrongs, or give additional recommendations to correct them, without the fear of admitting to facts that would give rise to a medical malpractice suit. The prospect is important because it may improve patient care. After all, the goal of such rules would be to protect doctors from frivolous lawsuits. With this fear effectively abated, doctors are likely to focus on real health issues, instead of testing to rule out things out of fear of a lawsuit down the road based on a missed diagnosis.

Ironically, according to a study conducted in Oregon where researchers reviewed cases to determine if safe harbor rules would help doctors, it turns out that they probably would work against them. Only a handful of cases would have been decided differently, according to a recent Forbes article. However, the researchers found that patient care would have been improved since the safe harbor rules would protect doctors who follow specific care guidelines.

Unfortunately, it does not appear that safe harbor legislation will be coming anytime soon. 

No Comments

Leave a comment
Comment Information

Honors & Accreditations

Free Case Evaluation Form You will receive a prompt response to your evaluation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy



East Syracuse Office
6739 Myers Road
East Syracuse, NY 13057

East Syracuse Law Office Map

Oneida Office
312 Broad Street
Oneida, NY 13421

Oneida Law Office Map

Watertown Office
119 Sherman Street
Watertown, NY 13601

Watertown Law Office Map

New Hartford Office
23 Oxford Road
New Hartford, NY 13413

New Hartford Law Office Map

Oswego Office
92 W. 6th Street
Oswego, NY 13126

Oswego Law Office Map

Cortland Office
26 Court Street
Cortland, NY 13045

Cortland Law Office Map

Rochester Office
510 Clinton Square
Rochester, NY 14604

Rochester Law Office Map

Phone: 315-479-9000
Fax: 315-479-9300
Back To Top