Issues raised in using ADR to resolve malpractice claims without, or limiting, litigation

Annotated Bibliography

Issues raised in using ADR to resolve malpractice claims without, or limiting, litigation

Introduction

A lot of medical malpractice claims are solved through out-of-court settlements. This is because going to court to have a case handled by a judge and jury is expensive, stressful, and time consuming. For a settlement to be arrived at the claimant and his or her attorney show the negligent health care provider’s insurance provider with evidence showing that the health care provider acted negligently and as a result of the n the patient suffered a certain injury or worsened ailment making him or her to suffer specific monetary damages. Not all contested cases go to court. Many are resolved through alternative dispute resolution. Through ADR, two parties can reach a settlement without having to involve the court thus saving money and time for both sides.

Sohn DH.et.al Medical Malpractice Reform: The Role of Alternative Dispute Resolution. Clinical Orthopedics and Related Research. 2012; 470(5):1370-1378.

The article states that alternative dispute resolution is need because litigation as a primary means of dispute resolution is expensive and irrational. For instance, the US Department of Health and Human Services estimated that around $76 and $126 billion is spent per year on litigation in medical malpractice.

Szmania, J. et.al (2008). Alternative dispute resolution in medical malpractice: A survey of emerging trends and practices. Title of Journal, vol(issue), pages.

Although there are formidable cultural and professional barriers to ADR adoption in health care, there are also encouraging findings about the potential opportunities for implementing ADR programs in medical malpractice cases especially in minimizing costs, handling emotional issues, and dealing with the complexities of medical malpractice cases.

Nuassbuam, L. ’Trial and Error: legislating for medical malpractice reform’. (2017). Scholarly works

The article argues that although a lot of state courts have their own rules for ADR in civil cases, these statutes depict the public policy commitment to limit patients' access to the courts or to decrease their reliance on judicial intervention.

Rubenstein, R. et.al , "Conflict resolution in an age of empire”, in Handbook of Conflict Analysis and Resolution ed. (2008)

The author states that alternative dispute resolution is the best mechanism of solving dispute in the most amicable way compared to the court system where the court makes the judge and the parties end up becoming enemies.

Purser. (2017)The Challenges Presented by the Assessment of Legal Capacity

The article states that challenges come in when there is a lack of communication resulting in misunderstandings around the nature of the cognitive assessment to be conducted within a certain legal framework.

Fiadjoe, A. (2014) Alternative Dispute Resolution: A Developing World Perspective

The book states that the party’s attitude towards the dispute plays a key role in whether ADR as dispute resolution mechanism will succeed. Factors such as cultural differences, financial implications, emotions, publicity and liberty of the parties also affect the process.

Crowfoot. (2012)Environmental Disputes: Community Involvement in Conflict Resolution

ADR gives the parties to a dispute to resolve it either through negotiation, mediation or conciliation thus allowing them to choose the option they consider suitable.

Ware, S. (2016) Principles of Alternative Dispute Resolution

The article states that aspects such as confidentiality of the process, Voluntariness and availability and truthfulness of the Process have to be considered in ADR process.

Shore. (2016) Religion and Conflict Resolution: Christianity and South Africa's Truth and Reconciliation Commission

The books states that Quakers resolved disputes among themselves based on Matthew 18:15- 20, 26 but did appear in court with those who not friends .

Ramsbotham.O. et.al (2011) Contemporary conflict Resolution

The author of the book states that the twentieth century immigrants to the United States relied already established dispute resolution process that they were practicing since time immemorial. Arbitration was one of the most lasting of the forms, which is central to Biblical conflict resolution.

Analysis

When parties resolve a legal case through ADR, they work with a neutral third party who helps them to discuss the dispute in question and bring the case to a fair determination. The mediator’s role is to facilitate a dialogue between the parties in the case and therefore does not make any decisions about the claim’s settlement. My research will take a focus on the cause of medical malpractice and how often medical malpractice happens. In addition, the cost of medical malpractice on healthcare . Last, I would like to come up with some possible solutions that can help prevent medical malpractice as well as solutio n’s that can help bring the cost of malpractice down.

Annotated Bibliography Grading Rubric