Introduction
This essay contends that alternative dispute resolution procedures best settle most medical conflicts and that these procedures can improve patient security by encouraging more open and thorough risk disclosure. Additionally, it makes the case that patient autonomy should be used to frame discussions about medical conflicts and patient safety. In recent years, independence has ruled the conversation about medical malpractice (Amirthalingam, 2017). It is critical to publicly acknowledge the tension that this new reality occasionally causes between personal advocacy and patient safety. Patients’ anger over not being provided enough data to form their judgments is one of the key factors in medical disagreements. Individuals who want to learn more about what truly occurred may turn to litigation in addition to seeking financial compensation. Therefore, it is crucial to distinguish between issues with patient safety and medical dispute resolution, the latter of which necessitates a systemic approach to influencing processes and protocols.
Discussion
The patient’s health, as well as the doctor-patient connection, were both the subject of the study. Consequently, the study revealed that the alternatives to dispute resolution (ADR) strategies could successfully settle most disputes. By encouraging more thorough and honest reporting of risks, these strategies may improve patient well-being. Even though the research does not specifically address medical malpractice, it is pertinent to the topic at hand. According to the study, patient freedom should be considered while addressing health conflicts and patient welfare. This material is relevant to patient autonomy and security since it advises preserving trust in the physician relationship.
In order to create a more robust ecosystem of religious materials from which contemporary mediators can draw inspiration, the publication focused on increasing the inter-religious discussion surrounding mediation and ADR. Therefore, the study was concerned with the problem of others’ limited ability to look beyond their wants. The ADR has a great base in the biblical perspective as a result. For instance, Islam and Christianity have adopted spiritual dispute-resolution procedures to settle conflicts and promote peace within their spiritual groups (Close, 2020). Learning lessons that one may apply to moral convictions and ethical perspective, as well as establishing and putting them into practice in daily life, was advised.
Francis Collins is a geneticist and physician renowned for making important findings about disease-related genes. Collins briefly details his conversion to Christianity in the book. He presents evidence for God’s existence in biology, astronomy, psychology, and other academic subjects. He quotes numerous well-known intellectuals being the most frequently used. Charles Darwin, Stephen Hawking, Saint Augustine, and S. Lewis are just a few examples (Collins, 2006). According to Philip Collins, there is evidence to support the existence of God (Collins, 2006). His justifications are consistent with scriptural texts and offer a framework for bringing science and religion together.
The admission of financial responsibility is one of the most challenging issues in providing emergency care to victims of traffic accidents. In this study, alternative dispute resolution was used in place of the more traditional methods of police action and investigation to ensure that the victims of serious traffic accidents received prompt emergency care in a tertiary hospital in Nigeria. In the emergency department of a medical center in Southern Nigeria, this cross-sectional research was conducted among victims of traffic accidents (Ehikhamenor et al., 2017). The lack of agreement among the parties to assume financial liability for the hospital’s emergency care qualified the parties for inclusion. Data from this study showed that alternative conflict resolutions are guaranteed when there is no agreement among the parties regarding financial obligation for trauma (RTA) care, particularly during the acute phase of hospitalization.
Based on this information, the analyst looked at alternative dispute resolution methods instead of the conventional view of police involvement. As a result, 190 contributors were included in the study, and most respondents were between the ages of 16 and 30 (Ehikhamenor et al., 2017). For the research and intervention-based treatment, 50% of the participants received at least $100 (Ehikhamenor et al., 2017). This source was helpful since it demonstrates how mediation exposes all sides to the hospital admittance requirements, including costs for medications and red tape. Therefore, the ADR is the best option when there is no consensus among the individuals regarding receiving good care, especially at the critical admission level. The source’s foundation in empirical data makes it trustworthy as well.
Biblical principles are necessary for assessing the moral and legal concerns surrounding healthcare and the relationships between patients and personnel. The authors made every effort to preserve each Bible author’s own writing style in addition to protecting the original texts’ truth, transparency, and clarity. For modern Bible readers, ancient language was made readable and usable. Thus, biblical concepts serve the purpose of broadening the perspectives on ethics in the workplace.
In this resource, the analyst researched to develop an ethnically suitable domestic concept for the Palestinian theology of reconciliation. According to the study, the primary cause of church dissolution is a conflict between pastors’ conventional viewpoint settlement and the democratic attitude of the younger age group (Mansour, 2018). It exhibits excellent quality because the analyst’s conclusions are crystal clear and free of ambiguity. Considering the study’s findings, the disagreement between the congregation and the priests that led to the church’s breakup was rooted in how each side viewed the church’s acknowledgment of God’s presence.
This site examines the idea of a workable substitute for the current legal system for medical negligence cases. In order to reduce the expense of litigation, the study aims to concentrate on a proper and appropriate conflict settlement method employed in South Africa (Nkabinde, 2018). The only dispute-resolution way is mediation; neither arbitration nor conciliation is permitted. The claimant lost his limbs in a tragedy and sued the defendant, a doctor, for carelessness. This was the first known instance of medical negligence in South Africa (Nkabinde, 2018). Even though the plaintiff’s case was unsuccessful, it is clear from this litigation that the doctor’s carelessness should be assessed using reasonable medical standards. In order to address the present rise in medical negligence, it was recommended that a program be established that would make mediation a requirement in all cases of medical negligence.
In order to highlight the advantages, disadvantages, and appropriateness of ADR in situations involving medical malpractice, as well as the most widely used strategies, the researcher gave a qualitative study on the source. The findings indicated that the most frequently used ADR strategies appropriate in medical malpractice cases include negotiation, bargaining, and arbitration (Nwedamutsu, 2020). In contrast, the ADR’s accessibility is a significant advantage in medical malpractice situations. Consequently, this is practical for preserving the doctor-patient connection and economical in terms of time and resources. ADR does not uphold the requirements set by the trial process, thus, it may conflict with civil rights, which is its biggest downside. The selected ADR techniques successfully avoid lawsuits and save parties’ time, wealth, and effort.
This classic manual carefully leads students through the intricate labyrinth of the legal system by presenting a wide variety of healthcare subjects understandably and interestingly. The 14th Edition assists future administrators in navigating the fundamental industry issues of patient-centered care, the future workforce, and the culture of compassion by focusing on the moral dilemmas of providing quality care despite these strong and frequently chaotic industry pressures. Pozgar (2023) has over forty years of expertise as a supervisor, advisor, and professional quantity across 650 hospitals. Through various real-world case studies, landmark legal decisions, and significant statistical information, he offers a uniquely available tool for understanding the legal problems of health care. Mr. Pozgar (2023) invites the reader to examine the wide variety of legal issues covered in the 14th Edition, including tort reform, healthcare fraud, reporting requirements, and patient rights. The book carefully guides individuals through the intricate labyrinth of the law system by presenting a broad range of healthcare issues understandably and interestingly.
The researchers provided a qualitative analysis of the source to illustrate the benefits, drawbacks, and suitability of ADR in cases involving medical misconduct, as well as the most popular techniques. The results showed that mediation, bargaining, and arbitration are the most often utilized ADR techniques suitable for cases of medical misconduct (Šustek & Holčapek, 2017). In contrast hand, the ADR’s affordability is a key benefit in cases involving medical misconduct. As a result, it is convenient for maintaining a patient-physician relationship and saves time and money. As a result, the greatest drawback of employing ADR is the potential for conflict with civil rights because ADR does not support the standards established by the trial process. The chosen ADR strategies prevent lawsuits and spare parties time, money, and effort.
Medical services, particularly health care, are quite complicated in reality. It encompasses many elements, including ethical, discipline, and legal concerns, but health and patient security are the goals. In healthcare, the client is the only one who matters, and any intervention in healthcare is supposed to be patient-focused. However, it is indisputable that there were numerous disagreements concerning the outcomes of medical services. This study investigates the potential for using mediation to resolve medical conflicts in Indonesia.
This conventional legal investigation reviews the literature on the current rules and laws governing medical care and services in Indonesia. Secondary data, including applicable laws and regulations, were employed in this study. Data were analyzed using a qualitative methodology to identify and comprehend the many types of medical disagreements and the possible strategies and means of resolution. Data and analysis showed that mediation was the best approach and strategy to resolve medical disputes in Indonesia (Widjaja, 2020). It is not required by rules and regulations but rather because it is appropriate for local Indonesian culture. A researcher in Indonesia highly recommends employing mediation to resolve medical disputes.
Conclusion
Strategies like dialogue, arbitration, and prior apologies are receiving much attention in the medical industry as healthcare and malpractice costs rise. The ten studies listed below have been examined, and it is clear that each one has a unique interpretation of why it is for or against the topic at hand. Every article addresses the same theme as the other or is not connected to any other source. According to the papers, each of which makes a different argument, arbitration is the best way to resolve medical issues.