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Health Care Mediation Articles
01/05/09
- Say Cheese - Cracker Barrel Signs Mediation Agreement with the EEOC
- Negotiating With Yourself
- How Close Are We? Another Way a Mediator Can Help
- Nobel Lecture by Martti Ahtisaari, Oslo, 10 December 2008
- Making The Most Of LinkedIn In 2009
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What's New
(11/05/08)
Keith Seat
Mandatory mediation of medical malpractice cases in Madison County, which the Illinois Supreme Court approved in 2007 establishing the first rule of its kind in Illinois, worked as intended to settle a wrongful death case alleging inadequate care by a nursing home. The mediation rule is also considered unique by allowing parties to chose between lawyers and judges to mediate the case. In the wrongful death case, a judge was assigned in February to mediate the matter. The terms of the settlement were filed under seal and not disclosed.
The Madison - St. Clair Record (October 10, 2008)
(8/13/08)
Keith Seat
A research report on an appropriate mediation model for long-term care facilities concluded that care could be improved by involving residents and families through mediation, but that intensive outreach is required within facilities. Many cases referred to mediation were not mediated due to barriers from lack of knowledge of potential benefits and availability. The report was published in the Journal of the American Medical Directors Association.
Health & Medicine Week (August 4, 2008) (Subscription Required)
(7/02/08)
Keith Seat
Medical providers are increasingly offering earnest apologies and full disclosure of mistakes to their patients, along with fair compensation, in an effort to resolve matters promptly and avoid contentious medical malpractice litigation. Medical centers report that claims and lawsuits drop substantially when such practices are followed, and that overall costs are significantly reduced even while more patients are compensated. The American Medical Association, the American Hospital Association and other medical groups now encourage disclosure. Further, 34 states now prevent use in litigation of apologies for medical errors.
New York Times.com (May 18, 2008)
The Disclosure Movement in Medical Accident Cases (5/19/08)
Jan Frankel Schau There was an interesting article in today's New York Times entitled, "Doctors are Beginning to Say 'I'm sorry' long before 'I'll see you in Court' which I've copied below. Although I'd heard of this "movement" on several occasions, I was struck by two pieces in the article: the first, was that the Sunday New York Times chose to feature it on the first page, as though it was news; and the second was that Presidential rivals, Hillary Clinton and Barack Obama co-sponsored a bill which would...
(4/07/08)
Keith Seat
A pilot project to pair up doctors and lawyers as co-mediators in an effort to resolve medical malpractice claims has begun at a Philadelphia suburban hospital. The productivity and healing potential of mediation is being emphasized over the possible monetary savings, as the program tries to reach better outcomes for the parties. Mediation training has begun for 30 doctors and lawyers to become mediators, which was eye-opening for many doctors who realized for the first time how hard it can be to deal productively with strong emotion and find common ground. Many of the lawyers had previous experience with mediation and are expected to take the lead initially in mediations.
Philadelphia Inquirer (March 4, 2008)
(3/05/08)
Keith Seat
Mandatory mediation of all lawsuits involving professional negligence claims against health care providers (defined broadly) would be required by H.B. 8, which was introduced in Kentucky on January 23, 2008. The Kentucky legislation sets forth procedures for the mandatory mediation, including timing, selection of mediators, attendance, location and submission of materials. The mediator is required to submit a report to the applicable court on the outcome of the mediation. In addition, H.B. 8 would prevent apologies for any unanticipated outcomes due to medical treatment from being admitted in any litigation or arbitration as an admission of liability or other admission against interest; however statements of fault which go beyond apology would remain admissible.
Kentucky H.B. 8
Mandatory arbitration agreements unhealthy for patients (2/19/08)
Diane J. Levin Two different sources — one approvingly, one not — report that a growing number of doctors are asking patients to enter into agreements to arbitrate malpractice claims and waive their right to trial by jury. Both sources link to “Arbitration a growing trend in health care“, a story appearing earlier this month in the Philadelphia Inquirer:
Michael Cohen was handed an arbitration agreement when he visited his longtime primary-care doctor in Bucks County. Cohen said he...
DIY Dispute Resolution: Accountability, Apology, Forgiveness and Reconciliation (1/28/08)
Victoria Pynchon When I was mediating the resolution of litigation on my local court-annexed ADR panel, I used to help attorneys, their insurance adjusters and physician clients resolve medical malpractice cases. Some of my most profound human interactions occurred in these mediations. One surgeon said to me, with burning passion in his gaze, "you do not understand. The operating room is my church." Another told me he could not consent to the...
(11/14/07)
Keith Seat
Mandatory mediation of all medical malpractice cases was approved for Madison County by the Illinois Supreme Court, establishing the first rule of its kind in Illinois. The new rule is also considered unique by allowing parties to chose between lawyers and judges to mediate the case, although a judge trained in mediation will be assigned at no cost to the parties unless all parties agree on an alternate mediator who they will compensate. All mediators are required by the rule to file a report with the court stating whether the parties mediated in “good faith.” Mediations must be completed within 90 days after the depositions of all plaintiffs and defendants.
The Madison-St. Clair Record (September 26, 2007)
Putting "Public" Back in Public Health Work (11/12/07)
Don Greenstein, Doug Thompson Experts say chances of a deadly worldwide outbreak of pandemic flu are increasing. In order to involve the public in developing plans for how the government would react to such an outbreak, the CDC held four public meetings to hear public views about possible community control measures that could limit the outbreak. This report outlines and evaluates this award-winning project, which sought to put the "public" in public health by effectively allowing people to participate in policy development.
Apologies can improve the health of hospital-patient relations (10/15/07)
Diane J. Levin All Things Considered, a National Public Radio news magazine, recently aired a program on the benefits for both patients and the medical profession when hospitals find better ways to respond to medical errors and unsatisfactory patient outcomes in "Practice of Hospital Apologies Is Gaining Ground".What stands out is the reaction of one patient interviewed for the program whose doctors failed to make an early cancer diagnosis. Instead of denying responsibility for the error, the hospital's...
CaliforniaSpeaks: Working Together for Better Healthcare (7/30/07)
Susan Dupre Facilitators are needed for California's state-wide health care conversation. Thousands of Californians will come together on Saturday, August 11th, to evaluate proposals for reforming California’s health care system and send a message to state leaders about their priorities. Interactive television will link together public meetings in eight cities to create a true state-wide conversation.
(7/25/07)
Keith Seat
A successful pilot mediation program for medical malpractice cases in Rhode Island Superior Court is being expanded statewide and will be permanent. The program, which requires all med mal cases to go to mediation prior to trial, achieved settlement in about half its cases. Counsel for both plaintiffs and defendants support the program, especially in larger cases. In addition to saving time and money, successful mediations spare families from reliving their anguish at trial. The program also has made a difference in delays that have plagued Rhode Island, where med mal cases on average take over six years, and has reduced the need for legislative reform that many believe would harm those with legitimate claims.
Providence Business News (June 25, 2007)
Private Dialogues on Public Issues (7/16/07)
Jan Frankel Schau While on vacation last week, I saw the Michael Moore's brilliant new documentary, "SIcko". We've all been there: in the place where we've hesitated about getting needed health care until we can figure out what's covered by insurance. So why isn't America discussing this issue? I've decided it's time for mediators to take a crack at it. I've invited an elite corps of commercial and community mediators together in the Fall to begin to promote public dialogue on the health care system in...
Allotting Resources for HIV Prevention (12/12/05)
Policy Consensus Institute When the Centers for Disease Control (CDC) announced it would distribute money to the states for HIV prevention programs, it included a pivotal condition: To a considerable degree, the amount of money a state received would depend on how well the state engaged all concerned parties in agreeing on the state’s HIV prevention plan.
Dear Healthcare Leader (10/03/04)
Debra Gerardi I am writing to request your help with a large project aimed at improving quality and safety within your organization. Your role in this endeavor is essential and the key criterion for success is your solid commitment to begin a new dialogue among your colleagues. The communities you serve are depending on you to take on the task of changing the culture in which healthcare services are delivered. I invite you to envision how to create healthy environments that enable patients and professionals to work together- to develop creative approaches which reduce adversarial interactions and promote collaborative care. It is time to return hope to healthcare.
Elder Mediation: New Role In Healthcare (9/20/04)
Patricia Ruflin, Patricia Bertschler As nurses, professional caregivers, and mediators we can all regale ourselves with accounts of family conflicts that seem to reach new heights as they unfold before us. We are amazed by what people say, at their behaviors in front of strangers, and to what levels they will go to hold fast to fiercely held beliefs and positions.
Bioethical Mediation: Peacemaking and End of Life Conflicts (8/02/04)
Douglas Noll Bioethical mediation provides a respectful way for resolving difficult medical care conflicts. It honors the interests of all of the stakeholders and seeks peace through a caring, understanding process. Bioethics mediation, although new, is another example of how positive peacemaking is finding its way into our culture, our institutions, and our daily lives.
The Internal Neutral: Why Doesn't Your Hospital Have One? (6/11/04)
Carole Houk The National Naval Medical Center (NNMC) in Bethesda, Maryland is the first acute health care institution in the nation to offer a full-time internal neutral for the resolution of health care issues. The data obtained thus far indicates that the presence of a well-trained and properly positioned internal neutral can be a highly cost-effective and efficient resource for resolving patient-provider conflicts.
Applying Pre-Litigation Mediation to Internal Disputes in Pharmaceutical Construction Teams (3/22/04)
Leo Hura Mediation is commonly utilized to settle construction disputes. However, despite the need and benefits, mediation is not currently utilized by corporate pharmaceutical teams in internal project disputes. The author views this as an opportunity for mediators to explore. The essay uses a case study from a hypothetical pharmaceutical capital project to illustrate how mediation can be utilized by corporations in avoiding capital project failures due to unresolved internal disputes. By understanding how corporate teams work and the tailoring of the mediation process mediators can provide a valuable service to their corporate clients in an area mediators already understand.
I Found A Lump, Now What? A Creative Way to Resolve Conflict With Breast Cancer Patients (1/26/04)
Pamela K. Embury This project was developed to focus on developing a creative response to conflict for women diagnosed with breast cancer. My own experience suggested that conflict was inherent in the institutional processes and third party roles that surround this diagnosis. Since my own diagnosis in April 2002 at the age of 38, I have become consumed by research for the resolution of conflict surrounding the diagnosis of breast cancer and my own experiences have been a catalyst for this project.
High Conflict & Asperger’s Syndrome (1/19/04)
Sheila K. Jennings Where there is lengthy conflict related to separation, & where one party has Asperger’s Syndrome, we submit that the source of post-separation conflict is likely to be found predominantly in the problems generated by the neurological disability. This view is a radical departure from the literature on high conflict separation which assumes that both parties are the source of post separation conflict.
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