Alternative Dispute Resolution and Mediation
Liberty University Online
BUSI 506 Legal and Ethical Issues for Health Professionals
Respectfully Submitted to Professor
September 13, 2022
Alternative Dispute Resolution
Introduction
The human factor is relevant when talking about medical malpractice. Tort litigation is a way
agencies defend themselves against lawsuits such as medical malpractice, slander, or workers
compensation. In order for these lawsuits to hold value, there must be a claim of damages from a
plaintiff. Tort litigation is expensive should an outcome prove that the reasonable standard of
care was diminished which caused hardship. There are alternative dispute resolutions that can be
used as a way to handle differences at a lower level reducing the need for litigation. The list of
sources provides options of alternative dispute resolutions as well as the issues that arise when
attempting to settle disputes. Currently, I do not work in healthcare however, in the future I plan
on working in a physician's office.
References
Schurig, A. M., Böhme, M., Just, K. S., Scholl, C., Dormann, H., Plank-Kiegele, B.,
Seufferlein, T., Gräff, I., Schwab, M., & Stingl, J. C. (2018). Adverse Drug Reactions
(ADR) and Emergencies. Deutsches Arzteblatt international, 115(15), 251-258.
https://doi.org/10.3238/arztebl.2018.0251
This article focuses on hospital emergency departments and the common reason for a patient's
visit. The study by the authors was done to assess adverse drug reactions in four large hospitals
in German cities. The authors gathered evidence from a 30-day period which suggested that a
possible 6.5% of patients out of the 10,174 patients that were seen had signs and symptoms
related to ADR. "An ADR resulting from a medication error, that is, an unintended failure in the
drug treatment process that can harm the patient, is considered to be preventable (p.251)". This
article offers insight on the Adverse Drug Reaction in Emergency Departments (ADRED) study
established to provide guidance on causes, patient risk factors and potential avoid ability
Khalili, H., Mohebbi, N., Hendoiee, N. (2012). et al Improvement of knowledge, attitude
and perception of healthcare workers about ADR, a pre- and post-clinical pharmacists'
interventional study. BMJ Open, 2(1). doi: 10.1136/bmjopen-2011-000367
This study focuses on the role of the healthcare worker in response to patients reporting of
adverse drug reactions (ADR). The authors identified training deficiencies and lack of
knowledge from workers regarding ADR. This study was accomplished to create a training plan
in hopes to increase knowledge, attitude and perception of the healthcare workers on this
particular issue resulting in a significant increase of informed healthcare workers after the
intervention.
Williams, P. L., Williams, J. P., & Williams, B. R. (2021). The fine line of defensive
medicine. Journal of Forensic and Legal Medicine, 80, 102170-102170.
https://doi.org/10.1016/j.jflm.2021.102170
This article focuses on the challenges of defensive medicine since the COVID pandemic and the
utilization of medical malpractice claims by patients. The authors state that even though these
claims are processed, there have been little reconstitution efforts on medical malpractice
improvement practices. Williams et al (2021) states that despite increased hospital safety
measures, evolutionary game theory found a growth in medical malpractice lawsuits from
associated clinical risks which increased physicians' defensive medicine practices (p.102170).
This article offers insight on medical professionals learning from medical errors without fear of
reprisal.
Jerry, R. H. (2017). Explaining the obvious: How appraisals, health care, and more
implement ADR in the insurance field. Alternatives to the High Cost of Litigation (2001),
35 (8), 115-117. https://doi.org/10.1002/alt.21701
The author is Isidor Loeb Professor of Law and Senior Fellow, Center for the Study of Dispute
Resolution, University of Missouri School of Law. This article discusses the current state of the
use of alternative dispute resolution processes in the claims. Jerry talks about how arbitration
clauses are appearing with greater frequency in commercial liability policies by United States
businesses (p. 116). He also mentions the financing in healthcare and the government's presence
differs from other countries. This content helps us understand the relationship between patients,
insurers, and how the disputes affect access to healthcare.
Sohn, D. H., & Sonny Bal, B. (2012). Medical malpractice reform: The role of alternative
dispute resolution. Clinical Orthopaedics and Related Research, 470 (5), 1370-1378.
https://doi.org/10.1007/s11999-011-2206-2
This article focuses on the many resolutions used to solve conflicts. "When properly
implemented, ADR has an excellent track record of avoiding litigation, decreasing overall cost,
and increasing satisfaction among both plaintiffs and defendants (Sohn et al, 2012, p. 1370)."
The author suggests that the tort system that is currently being used to settle disputes should be
avoided to the it being expensive in nature, unrealistic and irrational.
Jerome T. Barrett, & Joseph Barrett. (2004). A History of Alternative Dispute Resolution :
The Story of a Political, Social, and Cultural Movement: Vol. 1st ed. Jossey-Bass.
Practicing peaceful resolving conflicts in the workplace can enhance workplace comradery. This
book offers negotiation skills as well as mediation techniques. It also provides a history of ADR
and its usage throughout American history. This source is relevant as it provides a timeline and
intended meaning for ADR. The author also relates it to the bible in the story of Abraham's
efforts to save the inhabitants of Sodom and Gomorrah show a negotiator persistently
questioning the Almighty for a better deal (p. 268)".
Tabali, M., Jeschke, E., Bockelbrink, A., Witt, C. M., Willich, S. N., Ostermann, T., &
Matthes, H. (2009). Educational intervention to improve physician reporting of adverse
drug reactions (ADRs) in a primary care setting in complementary and alternative
medicine. BMC Public
Health, 9 (1), 274-274. https://doi.org/10.1186/1471-2458-9-274
This article states that ADRs are underreported by physicians. Physicians had issues with
understanding the correct way to report this information. After training sessions, the observations
were higher than initially thought. This article reflects the importance of constant education
increases physicians awareness of ADRs which increases the safety of patients. "The
intervention effect in each 4-month period after the educational intervention was then compared
to the baseline value (p. 274)."
Sourdin, T. (2011). Five reasons why judges should conduct settlement conferences.
Monash
University Law Review, 37 (1), 145-170.
This article provides an alternate method for settling disputes. Settlement conferences are a
preferred method to use by judges. Judges want to change the trends and objectives in relation to
ADR. "Conferences may also clearly save judicial and litigant time and costs by assisting courts
to respond to the changing nature of litigation within our courts and by enabling judges to assist
unrepresented litigants and disputants in complex matters to identify, narrow and discuss issues
(P. 152)." If the conferences are handled properly then the differences should be resolved,
outcomes fair, and efficient. This relates to my paper as it is a positive alternative to resolution.
Ivins, T. (2017). ADR techniques and the academic library. Library Leadership &
Management,
32 (1), 1-14.
This article is relevant as it references the alternate resolutions to empower individuals to seek a
different method for compensation. It also focuses on the role of manager in these situations and
educating them on conflict resolution. Two techniques referenced were self determination and
collaboration between those that are having the dispute. These conflicts should be resolved by
stating the problem and not focusing on the individual presenting the issue.
Mccracken, S. (2020, November). Cultivating Chaos: The Holy Spirit plays a lot of roles in
the Bible. The first was to make something from nothing. Christianity Today, 64 (8), 28.
https://link.gale.com/apps/doc/A648909282/BIC?
u=vic_liberty&sid=summon&xid=9215aa0a
This article references how people overreact in certain scenarios. Though some situations seem
unbearable, God is still there to shelter us from alot of things unseen. McCracken states "When
our schedules are wiped out by illness, when loss of work and disappointment weigh us down,
God demonstrates his mercy with each sunrise, the falling of the leaves, and the promise of
spring's return." This is a reflection that God succumbs the issues in ADR and allow us to come
out of those situations with more knowledge to continue to provide more information to other
individuals.
