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All articles by Holly Hayes

98 articles found

Elder Care Conflict

By Holly Hayes - December 13, 2012
“For years, couples have hired divorce mediators to avoid court battles. Now growing numbers of mediators are specializing in disputes that relate to older adults, such as those over inheritances and caregiving responsibilities,” a Wall Street Journal article by Anne Tergesen reports. The field of elder mediation is growing as baby boomers look for help with aging parents. The article explains: Elder mediators help clients resolve con

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American Academy of Orthopaedic Surgeons (AAOS) Supports ADR

By Holly Hayes - December 5, 2012
The American Academy of Orthopaedic Surgeons (AAOS) issued a Position Statement on Medical Liability Reform by David H. Sohn, JD, MD, and S. Jay Jayasankar, MD stating: “The AAOS believes that broad reforms are necessary to compensate negligently injured patients promptly and equitably, enhance patient–physician communication, facilitate improvement of patient safety and quality of care, reduce defensive medicine and wasteful spending, decrease l

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Indicators of Success in U.S. Hospital Conflict Management

By Holly Hayes - November 30, 2012
A thesis for the Georgetown University Master of Arts in Conflict Management by Paul Charlton, B.A. titled “Indicators of success: an exploration of successful conflict management in U.S. hospital settings” can be found on the Georgetown University website. The paper examines the definition of success in managing healthcare conflicts. The paper divides conflict into four categories based on the parties involved and introduces a framew

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Scorecard for Patient Protection and Affordable Care Act (PPACA)

By Holly Hayes - July 6, 2012
by Holly Hayes The Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (PPACA). The blog Disruptive Women in Healthcare has developed a scorecard that summarizes the views and votes. Their website also has a timeline of the PPACA and a recap of the oral arguments. Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. fr

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Strategies for Dealing with Disruptive Physicians

By Holly Hayes - June 29, 2012
by Holly Hayes In 2009, The Joint Commission established a standard (LD.03.01.01) that addresses disruptive physicians: EP 4: The hospital/organization has a code of conduct that defines acceptable and disruptive and inappropriate behaviors EP 5: Leaders create and implement a process for managing disruptive and inappropriate behavior How prevalent is disruptive behavior among physicians? The American College of Physician Executives and QuantiaMD

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Update: HHS Medical Liability Grants

By Holly Hayes - June 15, 2012
by Holly Hayes Grants distributed by the Health and Human Services (HHS) Agency for Healthcare Research and Quality (AHRQ) are moving forward with programs to address medical liability according to the Modern Healthcare April 2012 issue. See more here Beth Israel Deaconess Medical Center received a planning grant of almost $274,000 to institute a program they call Disclosure, Apology and Offer. The program “consists of disclosing when adver

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Learning from Failures

By Holly Hayes - June 8, 2012
by Holly Hayes Healthcare Executive, a publication of the AmericanCollege of HealthcareExecutives (ACHE), May/June 2012 issue published an article titled “The Importance of Failing Forward” by Paul B. Hofmann. The title refers to the book Failing Forward (2000) by John Maxwell which asks, what will you do when problems occur, will you fail forward or backward? To explain the fail forward concept, Dr. Hofmann refers to a study of physi

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Conflict Engagement Training

By Holly Hayes - June 1, 2012
by Holly Hayes We often receive questions about where to find healthcare mediation training courses. Here is one series of training sessions titled Conflict Engagement for Healthcare Professionals: A Professional Certificate Program that may be of interest. The program is a collaborative project of the Hamline University School of Law’s Dispute Resolution and Health Law Institutes and EHCCO – Emerging HealthCare Communities. Upcoming

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Patient Communication Resources

By Holly Hayes - May 25, 2012
by Holly Hayes We have posted here about improving provider/patient communication in healthcare. The Joint Commission (TJC) has a list of resources on its website titled: Advancing Effective Communication, Cultural Competence, and Patient-and Family-Centered Care: A Roadmap for Hospitals. The R3 Report Requirement, Rationale, Reference reviews the TJC patient-centered communication standards that will be effective July 1, 2012. The standards are

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You’re Stronger Than You Think by Peter Ubel

By Holly Hayes - May 18, 2012
by Holly Hayes Shared decision-making in healthcare involves providers working with patients to determine the best course of action for their disease. We wrote about a New England Journal of Medicine article on this topic here . As a follow-up, Peter Ubel’s website on Health, Well-Being, Bioethics and Behavioral Economics has a link to an article titled “10 ways to make better decisions about cancer care.” It is a simple guide t

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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