Medical Malpractice and Mediation

Paper Summary:

The paper discusses the concerns regarding traditional medical malpractice suits and explores mediation as an alternate dispute resolution mechanism. The paper explains mediation's potential advantages and how it is most useful in situations where both parties wish to maintain a long-term relationship. The paper discusses, however, how medical malpractice often involves a party being wronged who wants an enforceable decision and has no interest in maintaining contact with the other side. In this case, the paper explains that mediation will not be effective.

Outline:
Malpractice Dispute Resolution Methods
The Alternative Dispute Resolution Method of Mediation
The Viability of Mediation
The Questionable Aspects of Mediation
Conclusion

From the Paper:

"The issue of medical malpractice has increasingly grown as an issue in contemporary American society as lawyers and their message have proliferated. Doctors are no longer able to focus solely upon delivering the absolute best care they can, but must now worry about being sued should they have not followed the established procedures exactly. In such situations, when the result of the doctor's work is not what the patient or the patient's family is happy with, a malpractice suite may arrive. Medical malpractice litigation performs two primary functions. The first is that it deters physicians from lax, careless, or negligent behavior. Secondly, it is a means of compensation for the patients due to any of the above mentioned actions, on the part of either the hospital, doctor, or ancillary healthcare personnel. (Mechanic 1179) This practice however is quite costly and cumbersome."

Sample of Sources Used:

• Metzloff, Thomas B.; Peeples, Ralph A.; Harris, Catherine T. "." Law and Contemporary Problems. 60.1, pp. 107-152.
• Mechanic, David. "Some Social Aspects of the Medical Malpractice Dilemma." Duke Law Journal. 1975.6, pp. 1179-1196.
• Meschievitz, Catherine S. "." Law and Contemporary Problems. 54.1, pp. 195-215.
• Hall Jr., Charles P. "Medical Malpractice Problem." Annals of the American Academy of Political and Social Science. 443 (Risks and Its Treatment: Changing Societal Consequences) pp. 82-93.
• Dauer, Edward A.; Marcus, Leonard J. "." Law and Contemporary Problems. 60.1, (Medial Malpractice: External Influences and Controls: [Part 1]) pp. 185-218.

More papers on Medical Malpractice and Mediation:

• Argumentative Essay # 53872 : "Medical Malpractice and Tort Reform"
• Research Proposal # 69066 : "Effects of Medical Malpractice Claims"
• Dissertation or Thesis # 119679 : "Alternate Dispute Resolution in Special Education"

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