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The ADR in Healthcare Malpractice Annotated Bibliography

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Updated: May 19th, 2022

As healthcare and malpractice expenses continue to increase, there is great attention to strategies such as mediation, arbitration, and prior apology in the medical field. After analyzing the ten studies below, it is simple to understand that each of them is distinctive in interpreting its opinion regarding why it is in favor of or against the subject matter. Every article, either tackling the same issue as another or not, is not linked to each other. The articles conclude that mediation is the best method to use in settling medical disputes, and each of them has its specific claim.

Amirthalingam, K. (2017). Medical dispute resolution, patient safety and the doctor-patient relationship. Singapore medical journal, 58(12), 681. Web.

The researcher investigated the patient’s well-being and the doctor-patient relationship. As a result, the study exhibited that the alternative dispute resolution (ADR) techniques can better settle most disputes. These techniques can lead to enhancing patient well-being by motivating more sincere and extensive reporting of risks. Although the study does not directly reflect on healthcare malpractice, it is relevant to the subject matter under consideration. The research teaches that health disputes and patient welfare have to take a different perspective, namely patient freedom. This source is relevant to patient independence and safety as it provides insight into maintaining confidence in the doctor-patient relationship.

Close, T. S. (2020). Pursuing peace: Examining alternative dispute resolution practices throughout the world’s religious traditions (Doctoral dissertation, Drew University). 27837725. Web.

The publication dwelt on enhancing the inter-religious discussion around mediation and the ADR and placed religion in dialogue to establish a more robust religious resources environment from which modern mediators can inspire. It follows that the study was interested in addressing the inability of other people to view beyond their personal needs. Accordingly, the ADR has a deep foundation in the biblical worldview. For instance, Islam and Christianity have all applied spiritual dispute resolution policies to resolve disputes and encourage peace within their spiritual communities. The recommendation suggested learn lessons that we can incorporate into our righteous scope and moral faith and establish and practice them in routine lives.

Ehikhamenor, E. E., Obani, P. C., & Azodo, C. C. (2017). Application of Alternative Dispute Resolution (ADR) in trauma care in a Nigerian tertiary hospital. International Journal Medicine Biomedical Research, 6(2), 74-85. Web.

Based on this source, the analyst surveyed the practice of different dispute settlement instead of the traditional perspective of police participation. Accordingly, the research included 190 benefactors, and most of the correspondents were between 16 to 30 years old. Fifty percent of the participants gained at least $100, specifically for research and treatment based on intervention. This source was useful because it exhibits that mediation is the truth of exposing all parties to the duty of hospital entrance, such as medication expenses and bureaucracy. Therefore, when there is no agreement among the individuals in receiving proper care, particularly at the severe stage of admission, the ADR is the best alternative. The source is also reliable because it is based on empirical data.

Kass, J. S., & Rose, R. V. (2016). Medical malpractice reform: historical approaches, alternative models, and communication and resolution programs. AMA Journal of Ethics, 18(3), 299-310. Web.

This source evaluates the traditional perspective to medical malpractice, traditional improvement models, recommendations on other models, and the role of mediation in medical malpractice cases. The findings explained that honesty with patients and their families about medical faults enables health care workers to execute their moral responsibilities to their patients even if the results are poor. The ADR models minimize stress on medical workers, discourage fault hiding tendencies, and saves time, money, and physicians’ reputation. The source was beneficial because it gave suggestions on establishing a lifestyle where communication and mediation programs can prosper. Additionally, it also explained the best approach for creating concessions for patients and physicians; hence, it is good because the authors expressed their viewpoints.

Mansour, R. (2018). Conflict Management Approaches in Palestinian Baptist Intra-church Conflict in Israel between 1990 and 2016, in dialogue with Miroslav Volf’s Theology of Reconciliation: an Analysis and Critical Evaluation (Doctoral dissertation, Middlesex University/Oxford Centre for Mission Studies), 24269. Web.

In this source, the analyst conducted a study based on creating a domestic principle concerning a Palestinian doctrine of reconciliation, which is ethnically appropriate. The study argues that the main reason why churches dissolve is the disagreement between pastors’ settlement of traditional perspective and the younger age group’s democratic approach. It displays great quality because it is clear of vagueness and displays clarity in the analyst’s results. The study’s results indicated that the conflict between the priests and the congregation, which caused the church’s dissolution, had a foundation in how each party understands the church’s recognition in the presence of God.

Nkabinde, F. T. (2018). Mediation: an Alternative Dispute Resolution in Medical Negligence Cases (Doctoral dissertation). Web.

This source considers the suggestion of a practical alternative to the present litigation system regarding medical negligence cases. Accordingly, the study seeks to focus on a proper and suitable dispute resolution technique used in South Africa to limit litigation costs. The resolution technique is restricted to mediation and does not comprise arbitration or conciliation. Lee v Schӧnberg was the first documented medical negligence case in South Africa, in which the plaintiff lost his limbs in an accident and accused the defendant, who was a doctor, of negligence. The plaintiff’s case failed, although what is evident in this litigation is that a sensible physician’s criteria should evaluate the doctor’s negligence. Therefore, the recommendation suggested handling the current increase in medical negligence, which will be appropriate in establishing a program that will make mediation a mandatory step in all medical negligence disputes.

Nwedamutsu, T. (2020). Alternative Dispute Resolution in Medical Malpractice in South Africa. Web.

In another research, analysts carried out a quantified study to examine South African healthcare’s current situation and the escalating medical practice petitions and appeal cases. Correspondingly, this source compares the encounters and regulatory structure in Australia and the US to gain experience that could help South Africa formulate guidelines and the best ADR procedures. The results showed the recommended legal improvement in medical malpractice litigation and the ADR techniques that provide systematic and cost-efficient methods of settling these issues and ensuring that parties realize the advantages of the ADR.

It declares that to establish and execute the ADR and tackle medical malpractice cases successfully, it needs the government, judiciary, the community, and the legal profession. The analyst therefore selected court mediation as the best ADR method in tackling medical malpractice litigation.

Šustek, P., & Holčapek, T. (2017). Alternative Dispute Resolution in Medical Malpractice Disputes. In Radic, Zeljko, Roncevic, Ante, Yongqiang, Li et al. (Eds.), Economic and Social Development: 22nd International Scientific Conference on Economic and Social Development–“The Legal Challenges of Modern World”: Book of proceedings (pp. 233-242). Web.

In the source, the researcher presented a qualitative study to explain the appropriateness of the ADR in medical malpractice disputes, the most commonly used methods, the benefits, and disadvantages. The findings indicated that the most frequently used ADR methods appropriate for medical malpractice instances are mediation, negotiation, and arbitration. On the other hand, one main advantage of the ADR in medical malpractice disputes is its cost-efficiency. Hence, it saves time and money and is suitable for maintaining a patient-doctor relationship. Consequently, the main disadvantage of using ADR is the possible disagreement with human rights because the ADR does not warrant the guidelines laid out by the court process. The selected ADR techniques are highly efficient in avoiding lawsuits and saving time, money, and energy.

Wang, M., Liu, G. G., Zhao, H., Butt, T., Yang, M., & Cui, Y. (2020). The role of mediation in solving medical disputes in China. BMC Health Services Research, 20(1), 1-10. Web.

As explained in this source, the researcher examined the effect of mediation procedures in the Chinese healthcare system. Among the cases investigated, 1995 conflicts were resolved with a consensus through mediation, 1030 were closed by resolution, 559 went to court, and 1017 withdrawn after mediation. The findings are that mediation solved more than 90% of medical disputes. The parties take a long time to resolve, and more finances demanded by patients link with a lower rate of solution. The ADR participates in minimizing the need for commencing legal actions and may eventually satisfy the health system.

Widjaja, G. (2020). Mediation as toll to settle medical disputes; Indonesian case. In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019) (pp. 37-39). Atlantis Press. Web.

This source investigates the probability of using mediation as a technique for resolving medical disputes in Indonesia. It follows that the study was interested in assessing the existing policies on health care and medical services in Indonesia. The study focuses on the purposes used to establish and recognize the types of medical disputes and the possible techniques to apply the resolutions. Consequently, the study considers communication between the patients and physicians will become the solution to gather all the needed information from the health care providers to the patients. Subsequently, mediation is the best method to use in settling medical disputes in Indonesia, and therefore, the researcher firmly encourages its use.

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