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Summary ADR in Healthcare Malpractice Research Paperx BUSI 506 ADR in Healthcare Malpractice: Research Paper Assignment Legal and Ethical Issues for Health Professionals: BUSI 506-B03 LUO Liberty University Abstract The idea of the Alternative Dispu
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ADR in Healthcare Malpractice Research Paperx BUSI 506 ADR in Healthcare Malpractice: Research Paper Assignment Legal and Ethical Issues for Health Professionals: BUSI 506-B03 LUO Liberty University Abstract The idea of the Alternative Dispute Resolution in relation to healthcare is t...
adr in healthcare malpractice research paperx busi 506 adr in healthcare malpractice research paper assignment legal and ethical issues for health professionals busi 506 b03 luo liberty
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BUSI 506
ADR in Healthcare Malpractice: Research Paper Assignment
Legal and Ethical Issues for Health Professionals: BUSI 506-B03 LUO
Liberty University
Abstract
The idea of the Alternative Dispute Resolution in relation to healthcare is that the process
of endeavoring to settle disputes in the healthcare field outside of litigation i.e. the courtroom
with a judge and more likely a jury is entitled a mediation. As a professional in the healthcare
field and a believer in a higher being, we more often than not find ourselves in a situation filled
with doubt especially with the rise of a disagreement or dispute. God has given us an outline that
we can utilize as a guide for times that require mediation and judgement with disputes.
According to King James Bible Online (2021), Hebrews 12:14 states “Follow peace with
all men, and holiness, without which no man shall see the Lord.” Mediation has always been
considered a vital tool in the aid of settling some of the greatest and severe conflicts known to
man. The being that we all serve, Jesus Christ, is one of the leading instructors who has managed
to express the strength that mediation has in order to bring fighting entities together. The research
has expressed that the alternative dispute resolution technique is one that can support the
resolution of disputes outside of the courtroom environment and litigation through means of
mediation which has proven to be a process that is efficient as well as effective. Alternative
dispute resolution has been successful in helping parties such as patients, hospitals, nurses and
physicians resolve disputes on neglect, negligence and miscommunication. Medical errors persist
as the No. 3 killer in the U.S. (Pozgar, 2019). Professionals in the medical field such as
physicians need to consider their commitment to the care of their patients in terms of the legal
and moral aspect. The overall mission of all parties involved within the process of litigation is for
the protection and safe keeping of all patient that is being cared for.
, Keywords: alternative, alternative dispute resolution, litigation, mediation, medical,
medical law, medical malpractice, negligence
Alternative Dispute Resolution within Healthcare
The Alternative Dispute Resolution (ADR) is known as the process or system for the
resolution of legal conflicts outside of the courtroom. Medical malpractice arbitration agreements
are contracts in which the parties agree to settle any disputes arising from their medical care by
way of binding arbitration. (Miki, 2016, p. 227).One of the most highly known and most used
concepts or techniques of strategies in terms of the ADR would happen to be the usage of
mediation. The fact of the matter is that cases of medical malpractice can be high in cost for the
facilities in healthcare and the mediation with the physicians has, in the past, been used within
healthcare in order to be an instrument in the process of litigation. There are a number of
circumstances where medical malpractice should have been averted though medical
professionals including physicians since the obligation of care is one that should be the number
of concerns. There are and never will be any sort of justification for medical malpractice though
there are occurrences where the professionals in medicine such as a physician or nurses do not
have the means in order to perform the job that they have to do or become stressed to the point of
distraction which makes for a mistake to happen. Despite well-defined guidelines, nurses are
frequently faced with subtle and overt patient resistance when implementing prevention
strategies (Keen, et al., 2019, p. 390). There are a number of causes for errors, negligence, and
neglect to transpire which makes an illness or injury on a patient more than it was originally
though should have not occurred at all. At the end of the day, we are all human beings and make
mistakes however in the field of medicine, this can be severe. As a result, some patients are left
with unexpected results from their medical procedures such as misdiagnosis, brain injuries,
medication errors, anesthesia errors, or surgery errors (Norman, 2020). With the mentioned
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