Marketing Medical Staffing Tips You Desperately Need To Know
Locating clients for my staffing agency is a topic that continuously comes up when I am helping new or existing staffing agencies. What actions or steps do I take to find the best clients opportunities? This is a fundamental challenge for staffing agencies deciding who or what to do to find business for your staffing agency.
I have been amazed at the level of energy many new or existing staffing agencies exert in aspects that will not produce the desired effect to find more business, yet the focus is often vague and many new staffing agencies use "The Shotgun Approach" when it comes to marketing or advertising.
I am writing about this topic not to emphasize the obvious goal of searching for new staffing business. I am writing this to tell you how to do less work and get more clients. We only have so many hours in the day and additionally maximizing that time is what this article is about.
Using 20% of your effort to get 80% of your result.
Marketing Staffing Tips You Desperately Need To Know!
This is especially important if you are a new startup staffing agencywith a staff of one. You are the receptionist, you are the accountant, you are the staffing coordinator, you are the owner and you are the decision maker.
Only so many hours in the day and you can only do so much. Subsequently you can hire someone to help you, but let's face it, you need money to hire an employee.
Perhaps you have deep pockets and can hire someone at the beginning, or perhaps you are getting a loan or have a partner.
Some of my past clients worked full time and started this business part time.
Either way, you will need to focus your energy on what will produce results as opposed to focusing on actions that will only produce 20% results with 80% effort.
Many staffing agencies I work with have done the following and stay stuck on focusing on this:
• Getting a website and researched the best possible price
• Ordered really nice business cards and invoices
• Leased an office and possibly hired a secretary
• Hired a salesperson
• Purchased marketing material such as cups, pens etc .
• Spend time calling every possible medical center.
• Send mailers with marketing material
Don't take me wrong, I do believe all those actions are fundamentally good to do and important. The problem with those actions is they are based on certain key assumption.
The assumption is that the money being spent will eventually produce financial results to back up the fixed costs. These actions are what I call "Non-Value Added Actions" in other words: These actions previously mentioned need to be done, but will not produce revenue by themselves.
I am not advocating not doing what is needed to have a business; I am only saying that many things can be postponed or outsourced cheaply, until money is generated from clients. The energy needed to create a business should be focused on "Value Added" actions that will produce revenue and those "Non-Value Added" Actions should be outsourced cheaply.
I never thought that a theoretical construct like the "pareto principle" taught in my graduate school would actually be directly used in real life. I knew it was a vastly superior methodology, but to actually apply it was quite another thing.
Let me explain what I did and how it directly helped me getting staffing contracts, and how I came up with the "pareto principle"or using 20% of your effort to produce 80% of your results...
When I primary started in medical staffing as a new salesperson, I did make many mistakes. One giant mistake I did was trying to please my boss and covering a gigantic area he had given me as quickly as I could. I wanted to show my boss I was able to cover the area quickly and get as many names as possible.
Granted, I was successful in finding contracts, but I will admit I was "Spinning my wheels in the wrong direction too many times"
My hit ratio was rather low at the beginning. I remember one month I was visiting between 5 to 10 facilities a day. I am not kidding, I thought I was rocking and rolling.
After a couple of months, I became really good at finding my way around town and knowing the best routes to take and how to park at a online site.
I even began to park my vehicle in the Doctor's area. Again, as always, I am not advocating for you to do this, all I am saying is generally people don't stop to questions Doctors.
Usually a Doctor is in a hurry, and what is the perceptions that people have of Doctors? "Wearing a suit with an attitude and in a hurry" so that's what I would do to get through the Gatekeepers. The reason I had to do that sometimes was getting inside a hospital can be challenging, especially if you do not have an appointment. Once you are in, well, it's easy to begin talking with managers and getting to know the staff.
I must have visited every single hospital, Imaging center, nursing home, acute center and doctor's offices in my area. You see, I segmented my huge area in months; I tried desperately to make sure I covered the entire vicinity by visiting each site at least once.
Boy was that a mistake, Why?
Well, experience seems to teach us lessons. A lesson I learned only after making mistakes was that this approach did not produce my desired results. Remember the "pareto principle" My desired results were produced once I changed my entire approach.
Let's calculate for a moment what I did in a typical month, people will put it into numbers to give you a better visual of what I am talking about.
Calculations:
5 Days a week x 10 facilities = 50 facilities
50 facilities x 4 weeks = 200 facilities
Facility: Can be a hospital, clinic, imaging center or nursing home etc .
Let's now take those 200 facilities and determine how many I actually was able to close that particular month.
200 facilities x. 02 = 4 Facilities
I was required to close a minimum of 4 new accounts per month.
You can have multiple accounts in one hospital since you would need once contract for radiology and one contract for nursing and another for rehab.
How I did it was not as important to my boss as actually securing accounts. In other words, my boss was not as interested in my visiting ratio, he was just happy i was closing accounts.
But, it was not just closing the accounts, I would not get paid my commission unless those accounts began to produce revenue. Just signing an account did not mean revenue was being produced either. I had to continually create and enhance my relationships with those accounts I had established contracts with.
I realized that the energy was exhausting. I got up early in the morning and geared up my day's events before the sun came up. At the end of the day I had to summarize everything I did to help me better prepare for the next day.
This went on for months until I began to see a trend. The trend helped me spend less time driving from one facility to another and more time with one facility, and build relationships and get revenue.
I realized that clinics and smaller businesses where not really producing the desired financial results.
As a matter affect, they often did one of the following:
• Only use the staffing agency once or twice a year.
• management intensive.
• Pay on an average Net 120.
• Sometimes never pay at all.
This concerned me greatly; I then noticed another trend that was occurring with my larger hospital accounts.
Those accounts were responsible for my larger agreement work. I often received phone calls from the staffing agency alerting me that another department within the hospital had called to view our pricing for staffing.
In other words, more money was being produced from one account, than from all the small accounts I had put together.
It didn't take me long to realize where my energy needed to be placed.
I decided to change my approach in marketing to hospitals.
Not any longer was I going to use the "shotgun" approach, but rather I was going to be more strategic and focus my energy, hence "pareto principle"
This technique changed everything for me, it allowed me to do the following;
• Wake up later
• Visit less facilities
• Maintain my contract ratio
• Increasing my income
• Less stress
The driving force behind my success was noticing what was doing work and what was not and using the essence of the pareto principle. What I did was so simple, yet so effective.
I decided to spend more time in one hospital, I decided to only visit 2 hospitals a day, if possible three, but nothing more. I picked the larger hospital, and some smaller facilities. I stayed away from small clinics or doctors offices but, I only called those amenities.
I never visited the same hospital more than once a week, unless if the facility allowed it measured by the friendliness of the facility. What I mean is every facilities manager personality must be gauged against this technique. You need to understand that some managers are busy, while others are happy to see you. You need to have a reason for returning to the facility or at least make one up.
Thus began the term I have taken from Real Estate "Farming" I began farming the hospitals. I got to know the staff by first name basis; I got to know the managers and the secretary as well. I even got to know the Doctors and Radiologist by name and they even began to recognize me.
What I also realized was that just because you sign a contract with a department does not mean they will call you. I am sure some of you've got begun to notice this. That was very frustrating for me, why did they sign a contract if they don't call me? Well! Here is the thing, there is an old saying "out of sight, out of mind" It is no truer, than in the medical staffing industry.
These facilities work with several staffing agencies, and they will find the path of least resistance when the need arises. A manager that needs to fill some sort of shift STAT, will not remember the contract that was signed two months ago, they will use the list they have and remember the last thing that was on there mind: as far as who to call. They may have a list; you may be number three on the list.
Believe me when I tell you that sometimes they don't use any reasoning for calling a staffing agency. They just simply call to call and find a hot body.
So how do you overcome this? By being a presence, by talking and making friends.
This is what I did and let me tell you it worked.
I can't tell you how many times I went to a sight that I had established a contract only to find out that they had also signed a contract with another staffing agency the same week. Read more here lee's summit knee pain
So why were they using this staffing agency and not me? Because, this staffing agency, my competition was a little smarter than me back then, they made friends with the hospital and when it came time to calling a staffing agency, it was easier to remember them and not me.
This was a mighty blow to my eagle let me tell you. I learned from that mistake and thus began my farming of hospitals. Part of the pareto principle is used.
Hospitals need to be reminded that you are nevertheless in business. I don't mean bothering them, no, once you establish the contract a gentle nudge here and there is fine.
Back to what I was talking about visiting less sights and securing more contracts.
So , that is what I did, I visited less sights and began visiting sub-departments in the Hospital.
Let me give you an example:
Just, because you got a nursing contract does not mean that the ICU unit will call you. I can't tell you enough the benefit from getting to know the different departments in the hospital to simply remind them gently that you have a contract with the hospital and if the need arises to simply call you.
If you do this enough, believe me the calls will begin to pour in. The reason I know is because I did this and I know this is a fact. I just did not read about this like most textbooks that will only tell you theory, if you noticed my reports are based on actual examples of what I did and how I did it and how it worked for me.
So , after I changed my style and began to visit less facilities and harnessing my marketing skills, I noticed the trend shifting. Not only was I able to secure more accounts, but I was able to sustain business and increase revenue origin from one hospital.
I was also able to get subcontracts from each individual hospital. I found out that each department may have its own manager and in essence require you to contract separately. If you don't know this and you are trying to get a contract with say the ER manager, well, you are limiting yourself.
Let me give you the numbers and see for yourself how the change in marketing styles affecting my ability to secure more contracts.
Car finance calculations:
5 Days a week x 2 facilities = 10 facilities
10 facilities x 4 weeks = 40 facilities
Facility: Now Means Hospital, in This Example
Let's now take those 40 facilities and determine how many I actually was able to close that particular month using my updated marketing style.
Example: 1
40 facilities x. 15 = 6 Contracts
As opposed to the earlier example of:
Case: 2
200 facilities x. 02 = 4 Facilities
Do you notice the differences between example 1 and example 2? There are actually two huge differences between the two examples: In example number one I reduced the number of facilities I was visiting to 40 from 200. I think that one is quite apparent.
The other main difference came in viewing terms.
If you notice in example 2,
I concentrated my efforts on contracts, rather than based on Facilities.
In example 1, I began to view each contract as an independent entity outside of the Hospital.
No longer was I after Hospital contracts, I was just after contracts. Sometimes I would secure 2 or 3 contracts in one hospital as opposed trying to get 2 or 3 individual facility contracts.
I was also able to increase my ratio to 15% from 2%; this was substantial, and contributed to my ultimate success.
I began to work less and work smarter. The thing was that each facility was now producing much more money for the staffing agency. Before I left that particular staffing agency to become a marketing director for another company, I remember we were billing in one hospital approximately $98, 000 a month. Keep in mind that this was just one Hospital with multiple contracts.
Can you visualize if you are a small staffing agency and get one contract that is producing this amount? That is what I am trying to focus you in the ideal based on working less and earning more.
The thing is that many starting out thinking they need to "go, go, go" visit many sites, call many people, the more the better. But, that will work against you because time is money and if you don't get contracts and you are having to pay lots of fixed costs, it will affect your ability to stay in business.
Some people tell me that I am very bold and I tell it like it is. Well, I do! I am bold and my style gets people into getting contracts. That is what my clients are paying me to do, and that is what I am delivering to you.
I want you to go out this week, visit one hospital in addition to farm the hospital. Make sure you visit the different departments and ask each and every manager about staffing. Make sure you take something with you as an excuse to drop on in.
Get to know the culture, get to know staff, and try to understand the internal workings of the Hospital. Take the time and plan to stay for a while. Don't just send a postcard and make a phone call, you need to get out of your office and visit the site.
Plan on spending the day inside hospital, make sure it is a large hospital and don't be afraid to ask staff how often they use registry. They may not like to use registry, but hospitals cannot survive without them.
A Summary of Virginia Medical Malpractice Laws
In most respects, Virginia has been more conservative about modifying the common law than its sister states. To the extent modifications have been approved, many restrict rather than expand the rights of the victims of medical negligence. For example , Virginia has adopted three major modifications of medical malpractice law: a damage cap, screening of proposed lawsuits by a medical review panel, and a state fund to compensate sufferers of birth-related neurological injuries. Much of the legislation specific to medical malpractice can be found in the Medical Malpractice Act, Va. Code Ann. §§ 8. 01-581. 1 to 8. 01-581. 20.
Statutes of Limitations
All medical malpractice actions for injury (as opposed to death) must be brought within two years from the date the cause of action accrued. Va. Code Ann. § 8. 01-243(A). In § 8. 01-230, a cause of action "accrues" at the time of injury: "the cause of action shall be deemed to accrue and the prescribed limitation period shall begin to run from the date the injury is sustained in the case of injury to the person... and not when the resulting damage is discovered. "
This two-year limitation has long been applicable, and strictly enforced, in Virginia. Virginia is one of the minority states that use the "date-of-the-act" regulation, which means that the plaintiff must file suit within two years of the date of the injury regardless of how obscure or undiscoverable the injury might have been. Exceptions to the two-year rule are (i) cases involving minors or mentally incompetent people who are in law regarded as unable to know their legal rights and (ii) cases where the injury was fraudulently concealed from the person.
The Virginia Supreme Court rejected the judicial adoption of a discovery rule, Nunnally v. Artis, 254 Va. 247, 492 S. E. 2d 126, (1997), but held that "continuing treatment for the same conditions" tolls the statute of limitations until treatment ends. Grubbs v. Rawls, 235 Va. 607, 369 S. E. 2d 683 (1988). The court defined "continuous treatment" as not "mere continuity of a general physician-patient relationship; we mean diagnosis and treatment for the same relating illness or injuries, continuing after the alleged act of malpractice. " The court acknowledged, however , the rule would not apply to a single, isolated act of malpractice. Farley v. Goode, 219 Va. 969, 252 S. E. 2d 594 (1979). In other words, when an act of malpractice occurred and that physician continued to see a man over a course of years for an unrelated condition, the rule would not apply.
In foreign object cases (surgical sponges, needles, etc . ) and cases of fraud or concealment (i. e., alteration of medical records) the statute is extended to one year from the date the object or injury is discovered or reasonably should have been discovered. However , this extension is subject to a ten-year limit from the time the cause of action accrued. Va. Code Ann. § 8. 01-243(C).
In cases in which the health care provider's negligence caused the patient's death (Wrongful Death Claims), suit must be filed within two years of death. Va. Code Ann. § 8. 01-244(B).
If a person entitled to bring a personal action dies with no such action pending before the expiration of [the two-year] limitation period... then an action may be commenced by the decedent's personal representative before the expiration of the limitation period... or within one year after his qualification as personal representative, whichever occurs later.
However , § 8. 01-229(B)(6) states that:
[i]f there is an interval of more than two years between the death of any person in whose favor... a cause of action has accrued or shall consequently accrue and the qualification of such person's personal representative, such personal representative shall, for the purposes of [the statute], be deemed to have qualified on the last day of such two-year period.
A parent's action for medical expenses caused by injury to a minor must be brought within five years. Va. Code Ann. § 8. 01-243(B). A minor's medical malpractice action for harm or death must be commenced within two years from the date of the last act of negligence, unless the child is less than eight years of age, in which case the action must be brought by the child's tenth birthday. Va. Code Ann. § 8. 01-243. 1 . The Virginia Supreme Court has upheld the constitutionality of this statute. Willis v. Mullett, 263 Va. 653, 561 S. E. 2d 705 (2002). Incapacity (typically a substantial mental or physical handicap) also tolls the running of the statute of limitations during the period of incapacity. Va. Code Ann. § 8. 01-229(A).
Contributory or Comparative Negligence
Virginia recognizes the doctrine of contributory negligence in medical malpractice cases. A plaintiff's contributory negligence may bar her recovery entirely, but the patient's negligence must be concurrent with the defendant's carelessness. Sawyer v. Comerci, 264 Va. 68, 563 S. E. 2d 748 (2002); Ponirakis v. Choi, 262 Va. 119, 546 S. E. 2d 707 (2001).
Joint and Several Liability
Virginia imposes joint and several liability on joint tortfeasors. Va. Code Ann. § 8. 01-443. Thus, any joint tortfeasor against whom judgment is entered is liable to the plaintiff for the entire judgment, whatever the tortfeasor's degree or percentage of fault. For example , in a hospital setting, if the attending doctor and nurse are both negligent, then each one can be held responsible for the patient's entire injury even if part of that injury was caused by the other's negligence.
Vicarious Liability
Under the doctrine of respondeat superior, hospitals in Virginia are vicariously liable for the negligence of their employees but not that of unbiased contractors. McDonald v. Hampton Training School for Nurses, 254 Va. 79, 486 S. E. 2d 299 (1997). Whether a physician should be considered an employee is a question of fact not to be determined by whether the hospital calls him one, but by the factors of selection and engagement, payment of compensation, power of dismissal, and (most importantly) power to control the physician's work. A healthcare provider's exercise of professional judgment in the performance of professional duties is a factor, but not the only factor, in deciding whether the hospital has the power to control his work. There is also authority for holding a hospital liable for the act of a physician on the theory of negligent credentialing. Stottlemyer v. Ghramm, 2001 Va. Cir. LEXIS 501 (Va. Cir. Ct. July 13, 2001)(affirmed at 2004 Veterans administration. LEXIS 99 (2004). In other words, a hospital can be held legally responsible for granting hospital admission and treatment privileges to an unqualified physician.
Expert Testimony
Except for rare cases within the common knowledge and experience of lay jurors, expert testimony is necessary to establish the standard of care, a deviation from the standard, and the proximate cause of injury. Perdieu v. Blackstone Family Practice Center, Inc., 264 Va. 408, 568 S. E. 2d 703 (2002). To testify as an expert on the standard of care a witness must demonstrate expert knowledge of the standards of the defendant's specialty and have had an active clinical practice in either the defendant's specialty, or a related field of medicine, within one year of the date of the alleged act or omission. Va. Code Ann. § 8. 01-581. 20.
Damage Caps
Virginia imposes a cap (limit) on damages of all kinds in medical malpractice cases. For claims arising out of acts or omissions prior to August 1, 1999, the damage cap is $1 million. For acts or omissions on or after August 1, 1999, and before July 1, 2000, the cap is $1. 5 million. The cap is usually increasing by $50, 000 every July 1 . Two final increases of $75, 000 beginning in 2007 will bring the damage cap to $2 million for acts or omissions on or after July 1, 2008. Va. Code Ann. § 8. 01-581. 15. The Virginia Supreme Court has twice considered this legislation and held that it does not violate the U. Lenses. or Virginia constitutions. Pulliam v. Coastal Emergency Services, Inc., 257 Va. 1, 509 S. E. 2d 307 (1999); Etheridge v. Medical Center Hospitals, 237 Va. 87, 376 S. E. 2d 525 (1989).
A settlement with one defendant reduces the maximum liability of the others, because the cap limits the total amount recoverable for an injury to a patient, regardless of the number of theories or defendants. FairfaxHospital System /. Nevitt, 249 Va. 591, 457 S. E. 2d 10 (1995). This includes punitive damages. Bulala v. Boyd, 239 Va. 218, 389 S. E. 2d 670 (1990). In cases arising prior to March 28, 1994, when the definition of "health care provider" was broadened in Va. Code Ann. § 8. 01-581. 1, a physician's professional corporation may be subject to uncapped legal responsibility. Schwartz v. Brownlee, 253 Va. 159, 482 S. E. 2d 827 (1997).
Virginia limits punitive damages to $350, 000. Va. Code Ann. § 8. 01-38. 1 . This cap has also been determined to be constitutional by the Fourth Circuit Court of Appeals. Wackenhut Applied Technologies Center, Inc. v. Sygnetron Protection Systems, Inc., 979 F. 2d 980 (4th Cir. 1992).
Statutory Cap on Attorneys' Fees
There is no Virginia statute setting a limit on attorneys' fees in medical malpractice actions.
Periodic Payments
Periodic payments or structured settlements are allowed, but not required in Virginia. A settlement agreement on behalf of a disabled person, including the situation where the plaintiff is a minor (under the age of 18) involving periodic payments must be reviewed by the court and secured by the bond or insurance. Va. Code Ann. § 8. 01-424.
Collateral Source Rule
Virginia recognizes the collateral source rule, under which the plaintiff's receipt of collateral payments (health insurance, paid leave of absence from work, etc . ) does not reduce his recovery. This protection is statutory for lost income (Va. Code Ann. § 8. 01-35) but the courts follow that rule for all damages in tort cases. Schickling v. Aspinall, 235 Va. 472, 369 S. E. 2d 172 (1988).
Pre-Judgment Interest
In Advanced Marine Enterprises v. PRC, Inc., 256 Va. 106, 501 S. E. 2d 148 (1998), which was not a malpractice case, the Virginia Supreme Court reversed an award of pre-judgment interest on the unliquidated part of the damages, stating, "Generally, prejudgment interest is not allowed on unliquidated damages in dispute between the parties. " This should apply to most medical malpractice claims. However , the decision also notes that Va. Code Ann. § 8. 01-382 leaves the date from which interest should run to the sound discretion of the trial court. In Pulliam v. Coastal Emergency Services, Inc., 257 Va. 1, 509 S. E. second 307 (1999), the court reversed an award of pre-judgment interest because it exceeded the damage cap, but did not comment on whether such interest should have been awarded at all. In cases where pre-judgment interest is proper, the rate is six percent. Va. Code Ann. § 6. 1-330. 54.
Birth Injury Claims
Virginia does not have a general patient compensation fund covering all medical malpractice comments. However , the Birth-Related Neurological Injury Compensation Act (Va. Code Ann. §§ 38. 2-5000 to 38. 2-5021), covers infants who suffer permanent, disabling damage to the brain or spine caused by oxygen deprivation or mechanical injury during labor, delivery, or resuscitation. This no-fault program is the exclusive remedy for such infants and their parents against participating physicians and hospitals, who must pay for an annual assessment. Va. Code Ann. §§ 38. 2-5001 and 38. 2-5002. A claim filed under this statute proceeds in an adversarial fashion and the Virginia Attorney General represents the Fund in opposing the infant's claim.
If the claim is determined to be compensable, the Fund provides for lifetime medical expenses as well as one-half of the Virginia average weekly wage after the child reaches grow old eighteen. Va. Code Ann. § 38. 2-5009. Many hospitals and physicians choose not to participate. In cases arising prior to April 1, 2000, a participating physician's professional corporation may be sued even in cases otherwise covered exclusively by the fund. Jan Paul Fruiterman, M. D. & Associates v. Waziri, 259 Va. 540, 525 S. E. 2d 552 (2000). Although the legislature promptly closed this loophole by expanding the definition of "participating physician" in Va. Code Ann. § 38. 2-5001, the Virginia Supreme Court declined to apply the amendment retroactively. Berner v. Mills, 265 Va. 408, 579 S. E. 2d 159 (2003).
Immunities
Virginia has waived sovereign immunity in tort cases, subject to significant limitations. No claimant may recover more than $100, 000 or the limits of applicable insurance, whichever is greater. In medical negligence cases, the immunity most often comes into consideration when there is a claim against the Medical College of Virginia or the University of Virginia Health System. For example , sovereign immunity has been applied to protect hospital administrators as well as surgical interns and residents at the University of Virginia Hospital. Lawhorne v. Harlan, 214 Va. 405, 200 S. E. 2d 569 (1973), overruled on other grounds, First Virginia Bank v. Baker, 225 Va. 72, 301 S. E. 2d 8 (1983); Hall v. Roberts, 548 F. Supp. 498 (W. D. Va. 1982). This immunity may extend to other physicians employed by the state, depending on the degree of control exercised over them, Lohr v. Larsen, 246 Va. 81, 431 S. E. 2d 642, (1993), but never to independent contractors. Atkinson v. Sachno, 261 Va. 278, 541 S. E. 2d 902 (2001). Virginia has not waived sovereign immunity for local units of government. Municipalities are immune for negligence in the performance of governmental functions, including the operation of a hospital. Edwards v. Portsmouth, 237 Va. 167, 375 Ersus. E. 2d 747 (1989) (dictum).
A charitable entity is not liable to its beneficiaries for the negligent acts of its agents if due care has been exercised in their selection and retention. Mann v. Sentara Hospitals, Inc., 59 Va. Cir. 433, 2002 Va. Cir. LEXIS 363 (2002) (discussing application of the doctrine to a medical faculty foundation). However , charitable immunity has been withdrawn with hospitals, except where a hospital renders exclusively charitable medical services, or where the patient signed an express agreement providing that all medical services would be supplied on a charitable basis. Va. Code Ann. § 8. 01-38.
Medical Review Panels
The Virginia Medical Malpractice Act provides for a system of medical malpractice review panels to assess the validity of medical malpractice claims. At the request with either party, the Supreme Court of Virginia appoints a panel to review the claim, consisting of two doctors, two lawyers, and a nonvoting judge as chairman. Va. Code Ann. §§ 8. 01-581. 2 and 8. 01-581. 3. The panel determines whether the evidence supports the conclusion that the health care provider failed to comply with the relevant standard of care and whether that failure proximately triggered the injury. Va. Code Ann. § 8. 01-581. 7. The findings of the panel are nonbinding and the claimant has the option of filing a lawsuit after the panel has made its ruling. However , any opinion of the medical review panel is admissible as evidence in a subsequent action. Both parties have the right to call panel members, except the chairman, as witnesses. Va. Coupon Ann. § 8. 01-581. 8.
Arbitration
Arbitration is a process by which potential litigants can resolve their dispute without resorting to the civil court system. In most arbitration cases, the parties agree to arbitrate their dispute after the event occurs and the claim arises. However , parties may also agree in advance of treatment to binding arbitration of any claim, so long as the patient has the option to withdraw from the deal within 60 days after the termination of treatment. Va. Code Ann. § 8. 01-581. 12.
