Healthcare Week 7-Perfecto Only

5 Feb 17

Alternative Dispute Resolution (ADR)

Introduction

The US health care system requires a tort reform because the primary litigation process as a means of solving disputes is irrational and significantly costly. The ligation processes estimated to cost the healthcare system billions of dollars due to various medical malpractices. In addition, the findings show that the tort system is irrational in that most of the malpractice petitions are mainly dismissed by the court system as being meritless. In order to minimize this cost, there is a need for applying alternative dispute resolution method such as timely disclosure and admission of guilt, mediation, and arbitration in the medical sector.

Sources

Benesch, K. (2011). WHY ADR AND NOT LITIGATION FOR HEALTHCARE DISPUTES?. Dispute Resolution Journal, 66(3), 52-59.

In this article, the author discusses the complexity of the many healthcare disputes and the ADR features that are used in the healthcare system to solve these disputes. According to Benesch (20150, these ADR processes are more advantageous than ligation processes and save the healthcare system significant resources. The article addresses some of the characteristic of the ADR process and thus provides the reader with both the legal and social aspects of the ADR. The article is peer reviewed and therefore is suitable for this research and provides a deeper understanding of the subject. Teachings of Jesus should lead Christian business persons to be liable to seek methods of conflict resolution that focus on peace, forgiveness, reconciliation, and love. Few would view litigation as accomplishing these superior goals. Christian conciliation consummate through alternative dispute resolution can, on the other hand, go a long way toward meeting these Christian responsibilities. “Even the burgeoning field of alternative dispute resolution (ADR) has familiar roots in the wise counsel Moses received from his father-in-law Jethro in Exodus 18:13-26 and in Jesus teaching, in the eighteenth chapter of Matthew’s gospel, concerning how the church can help people solve problems between themselves.”

Balcerzak, G. A., & Leonhardt, K. K. (2008). Alternative dispute resolution in healthcare. Patient Safety and Quality Healthcare, 1-5.

In this article, the author discusses the issues that arise because of the medical errors and the need for ADR. According to Balcerzak and Leonhardt (2008), one of the main methods that has been introduced in the healthcare industry is to avoid ligation as a result of medical errors is ADR and the results from the use of this technique have shown that ADR addresses the needs of the patients as well as the health care providers. In this article, the author discusses different models of ADR in healthcare. Therefore, the article is suitable in addressing the legal, social and ethical aspects of ADR. The article is therefore important in this research because it provides a broader view of the subject and providing the reader with well-researched information regarding different models of ADR.

Edmonds,, J. (2006). Alternative Dispute Resolution: Choice or Command?. Freed-Hardeman University. Retrieved 3 February 2017, from http://www.cbfa.org/Edmonds.pdf

In this article, the author discusses the uses of alternative methods of solving disputes in the US. The author also discusses the teachings of Jesus and the reason Christian business leaders need to be inclined to use methods of conflict resolution that focus on love, forgiveness, reconciliation and peace. This article is suitable for this research because it provides well-researched information on the subject and provides a biblical worldview on ADR.

Mathews, R. B. (1998). ADR for managed healthcare disputes. Human Rights, 25(4), 21.

In this article, the author discusses the managed healthcare system and the disputes that are common in the practice. Mathews also discusses the forms of ADR that are suitable to use in managed care dispute resolution, which include ombdus procedure, mediation, arbitration and fact-finding. The article is suitable for this research in that it provides the reader with insightful information about the need for ADR in the health sector by discussing the managed care system. Additionally, the article provides ethical, social and legal aspects of ADR in one of the care systems that assist in preventing and treatment of chronic diseases. In this sector, errors are prone to happen and therefore there is a need to establish a system of resolving disputes, which is efficient, less costly, confidential and private.

Mazadoorian, H. N. (2007). The Promise of ADR in Healthcare Disputes. Dispute Resolution Journal, 62(1), 17.

In this article, the author discusses the issues of disputes in the healthcare and the need to utilize the ADR technique to solve this problem. According to the author, increasingly, parties to health care disputes are turning to ADR process that has been used successfully in other fields. The article is suitable for this research because it provides the reader with the social and legal aspect of ADR in solving disputes in the healthcare sector. The article is peer reviewed and therefore provides the reader with reliable information

Morreim, H. (2015). Conflict resolution in the clinical setting: a story beyond bioethics mediation. The Journal of Law, Medicine & Ethics, 43(4), 843-856.

In this article, the author discusses the conflicts that arise in the healthcare and the problems that arise because of these conflicts. The author continues to discuss the conflict resolution skills to address these disputes. The author focuses on conflict resolution methods in clinical setting by applying the ADR method mediation. According to Morreim (2015), the aim of mediation in the clinical situation is not only to help the health experts and patients in dispute to come to some kind of settlement but also forge a lasting solution. The article is suitable for the research because it provide the reader with more information on application of ADR in a clinical setting.

RESOLUTION, A. D. (2002). The Clinical Disputes Forum’s guide to mediating clinical negligence claims. Clinical Risk, 8, 4-13.

In this article, the author discusses the application of ADR in clinical disputes. More specifically, the author discusses the guide to mediating clinical negligence claims and thus provides the reader more information on what mediation is and what it is not, and the reasons it needs to be considered. The article is suitable for this research because it provides the reader with well-researched information about ADR and gives some direction on what happens at intercession and how to organize for the whole process.

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. http://doi.org/10.1007/s11999-011-2206-2

In this article, the author discusses the medical malpractice in the US healthcare system and the need to change the tort system. The author also discusses some of the alternative dispute resolution techniques that can be used without attending courtroom. According to Sohn and Sonny Bal (2012), the present tort system in the US is extremely costly and it costs the health sector an estimated value of $76-122 billion per year. This article is useful in this research because it provide the reader with information on some of the legal, social reasons the ADR techniques need to be applied in the US healthcare system.

Szmania, S. J., Johnson, A. M., & Mulligan, M. (2008). Alternative dispute resolution in medical malpractice: a survey of emerging trends and practices. Conflict Resolution Quarterly, 26(1), 71-96.

In this article, the authors discuss the findings of several organizations offering the ADR services in medical negligence cases. The article continues to expound on the types of disputes and thus providing the reader with a social, legal, as well as ethical view of the subject. In addition to this, the authors discuss the various challenges and success of applying the program in healthcare. This article is suitable for the research because it provides the reader with reliable information regarding the application of ADR in the medical sector.

Wolfe, C. L. (2006). Faith-Based Arbitration: Friend or Foe-An Evaluation of Religious Arbitration Systems and Their Interaction with Secular Courts. Fordham L. Rev., 75, 427.

In this article, the author discusses the faith-based arbitration as a method of solving disputes. The process can be used in solving disputes in the healthcare system since it is a less costly and effective method than litigation. According to Wolfe (2006), Christian reconciliation offers the arguing parties a procedure to solve their conflicts following biblical guidelines. The article is relevant for this research because it allows the reader to include a biblical worldview in solving disputes in healthcare.

Analysis

From this article, it is evident that there is a need for an effective and less costly method of solving disputes in healthcare. The litigation process is evidently costly and therefore the use of ADR allows the patients and health provides to settle disputes privates and come up with lasting solutions to the problem. Additionally, the success of the use of ADH procedures suggests that there is a future for the process especially in healthcare. The discussion might proceed to where the use of the ADR method is effective and whether there is still the need to continue applying the litigation method.