Karl Bayer's Disputing Blog » Healthcare Disputes

Is ADR Effective in Healthcare?

By Victoria VanBuren - July 20, 2012

by Holly Hayes For an article titled “Medical Malpractice Reform: The Role of Alternative Dispute Resolution” in the May 2011 Clinical Orthopaedics and Related Research, David H. Sohn JD, MD, B. Sonny Bal MD, JD, MBA “performed MEDLINE, PubMed, and Google Scholar searches with key words ‘medical malpractice’, ‘ADR’, and ‘alternative dispute resolution’ to obtain public policy studies, law revi

Medical Liability Resource

By Victoria VanBuren - July 10, 2012

by Holly Hayes We recently came across this Pew Project on Medical Liability that contains four detailed recommendations for healthcare professionals. The demonstration project for Pennsylvania titled “Medical Error Disclosure, Mediation Skills, and Malpractice Litigation” is authored by Carol B. Liebman and Chris Stern Hyman. The acknowledgement page thanks Bill Sage, now the Vice Provost for Health Affairs at the University of Texas

Medical Mediator

By Victoria VanBuren - July 9, 2012

by Holly Hayes We recently blogged about the role of the “standing neutral” in healthcare and listed the advantages and disadvantages of this approach. Premier, a healthcare alliance with approximately 200 hospital and healthcare system members, posted a presentation about the “The Role of a Medical Mediator”, see here. The presentation provides details on the objectives of a medical mediator (MM) program, its goals, organ

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

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

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

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

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

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

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