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Author: Petr Šustek Publisher: ISBN: Category : Languages : en Pages : 10
Book Description
Alternative dispute resolution (ADR) is a category comprising various techniques which enable the parties to resolve their conflicts out of the highly formalized judicial proceedings. In many legal systems, ADR is an increasingly popular set of legal instruments to resolve disputes because of its cost-effectiveness and time-effectiveness, flexibility, confidentiality and respect for unique aspects of a particular case. While it is traditionally associated primarily with commercial arbitration on one hand and consumer disputes on the other hand, ADR has been introduced also to the area of medical malpractice disputes. With the growing numbers of these disputes as well as rising amounts of compensation in many Western countries, the use of ADR in health care context is only logical and its further increase can be expected. Many studies show not only that ADR methods such as early apology, mediation or arbitration are very rational from an economic perspective for the health care providers, but also that these techniques improve the patients', or their relatives', satisfaction. However, very serious questions may arise about the suitability and even legality of the use of ADR in medical malpractice cases given mainly its possible interference with the human right to access to justice. The paper first introduces the ADR, its particular techniques and their use in medical malpractice disputes. Benefits and disadvantages of ADR in medical malpractice disputes are then analysed with a special emphasis on its possible conflict with the human, and constitutionally protected, right to access to justice. The paper eventually assesses the conditions of suitability of ADR in the specific context of medical malpractice disputes.
Author: Petr Šustek Publisher: ISBN: Category : Languages : en Pages : 10
Book Description
Alternative dispute resolution (ADR) is a category comprising various techniques which enable the parties to resolve their conflicts out of the highly formalized judicial proceedings. In many legal systems, ADR is an increasingly popular set of legal instruments to resolve disputes because of its cost-effectiveness and time-effectiveness, flexibility, confidentiality and respect for unique aspects of a particular case. While it is traditionally associated primarily with commercial arbitration on one hand and consumer disputes on the other hand, ADR has been introduced also to the area of medical malpractice disputes. With the growing numbers of these disputes as well as rising amounts of compensation in many Western countries, the use of ADR in health care context is only logical and its further increase can be expected. Many studies show not only that ADR methods such as early apology, mediation or arbitration are very rational from an economic perspective for the health care providers, but also that these techniques improve the patients', or their relatives', satisfaction. However, very serious questions may arise about the suitability and even legality of the use of ADR in medical malpractice cases given mainly its possible interference with the human right to access to justice. The paper first introduces the ADR, its particular techniques and their use in medical malpractice disputes. Benefits and disadvantages of ADR in medical malpractice disputes are then analysed with a special emphasis on its possible conflict with the human, and constitutionally protected, right to access to justice. The paper eventually assesses the conditions of suitability of ADR in the specific context of medical malpractice disputes.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations Publisher: ISBN: Category : Law Languages : en Pages : 188
Author: Wyoming Healthcare Commission Publisher: ISBN: Category : Arbitration and award Languages : en Pages : 30
Book Description
A Commission staff summary of the history and use of alternative dispute resolution for medical malpractice charges in other states, dated December 20, 2004.
Author: Dr Michael Schneider MD Ms- Publisher: Michael Schneider, MD Ms-Adr ISBN: 9780692136058 Category : Languages : en Pages : 296
Book Description
This manual succinctly distills academic principals of alternative dispute resolution and conflict engagement for the healthcare provider, teaching critical information needed by every medical technician, nurse, doctor and administrator. The manual is both a reference and action tool for skills development, providing guidelines, methods, techniques and simple reproducible outlines to master communication. The provider will succeed in managing daily disagreements between staff, partnership conflicts, struggles with high conflict personalities, medical business contract negotiations, and tort claims management. This information is necessary for all medical practitioners, from student through seasoned provider, regardless of their roles and responsibilities in the medical organization. The Healthcare Practitioners Guide to Conflict Engagement and Dispute Resolution improves the quality of deliverable medical outcomes, patient safety and communication after adverse events. Implementation of these skills by the reader rewards the practitioner's sense of harmony and professional fulfillment. In a healthcare system dynamically changing and embroiled in complex and protracted conflict, the professional who incorporates these guidelines will control difficult conversations as a leader, artfully influencing the behavior of their opponents in a dispute, accomplishing the mission and vision of the Provider. These leadership skills extend into every aspect of professional relationships for medical technicians, nurses, mid-levels, physicians, and healthcare administrators. Any practitioner involved in or concerned about disclosing an adverse event or outcome to a patient and family, a medical malpractice lawsuit, a medical or specialty board inquiry through a licensing agency, or a medical staff challenge of competency, must read this book. All providers named as a party to a mediation or arbitration should reference this text for insight and guidance during these legal proceedings. These actions have a significant impact on our clinical practices and our ability to practice medicine. This all-inclusive resource is the only book the medical practitioner will need to navigate difficult conversations and become empowered during negotiations of contracts, tort claim lawsuits, and business disputes that interrupt the providers ability to practice safe and compassionate medicine.
Author: United States. Congress. House. Committee on Ways and Means. Subcommittee on Health Publisher: ISBN: Category : Health care reform Languages : en Pages : 776
Author: Petr Šustek
Author: Petr Šustek
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
Author: William Treacy
Author: 
Author: Wyoming Healthcare Commission
Author: John Gordon Lover
Author: Dr Michael Schneider MD Ms-
Author: Eric Galton
Author: United States. Congress. House. Committee on Ways and Means. Subcommittee on Health
Author: Thom E. Lobe