By Richard J. Webb, Esq. This is a follow-up to a four part series of posts at the Healthcare Neutral ADR Blog on the hospital-medical staff standing neutral. See Part I, Part II, Part III, and Part IV. This concept requires a hospital and its organized medical staff to select a neutral expert in advance of any dispute, who will stand ready to assist the parties as problems arise, with the aim of resolving conflicts quickly and efficiently. It is

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by Holly Hayes I recently discovered the book Bioethics Mediation: A Guide to Shaping Shared Solutions by Nancy Neveloff Dubler and Carol B. Liebman. The book: offers stories about patients, families, and health care providers enmeshed in conflict as they wrestle with decisions about life and death. It provides guidance for those charged with supporting the patient’s traditional and religious commitments and personal wishes. Conflicts come

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by Holly Hayes Richard J. Webb, LLC, writes the Healthcare Neutral ADR Blog. Over the last two months, he featured a four-part series on the value of a standing neutral in the healthcare setting. The four-part series of posts includes: introducing the concept, its advantages and relation to Joint Commission requirements, how to define the neutral’s role and Selecting A Hospital-Medicdl Staff Standing Neutral. The series focuses on two stand

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We recently stumbled upon an article regarding the sudden prevalence of arbitration agreements (between doctors and patients) in the context of medical procedures. Here is an excerpt: Arbitration agreements seem to be popping up in every kind of transaction these days. For those who are unfamiliar with them, they are contracts where parties give up their rights to go to court and present their cases to judges and juries. These probably make sense

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By Holly Hayes In the 19th century, hospitals were shelters for the sick or dying supported by churches or other religious institutions. By the 20th century, medical care was more advanced and more expensive. Hospital administrators began to search for ways to pay for ever advancing costly medical procedures. Marc Bard and Mike Nugent in their book Accountable Care Organizations, Your Guide to Strategy, Design, and Implementation, write about the

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The 82nd regular session of the Texas Legislature adjourned on May 30, 2011. More than 1,500 bills and resolutions have been sent to Governor Rick Perry. The Governor has until June 19th to sign, veto, or let the bills become law without a signature. Find the ADR bills filed during this session here. Governor Perry has already called for a special session starting on May 31st, the session is limited to: Legislation relating to fiscal matters nece

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Earlier this month, an interesting arbitration case was decided in the Northern District of Mississippi. In Cook v. GGNSC Ripley, LLC, No. 3:10CV018 (N.D. Miss., Apr. 14, 2011), the court held a nursing home resident was bound to an arbitration agreement as a third-party beneficiary. The American Health Lawyers Association reported, A federal trial court in Mississippi ruled April 14 that a negligence action against a nursing home by a deceased r

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by Holly Hayes Karl Bayer and I taught a three-hour course at the American College of Healthcare Executives (ACHE) national meeting in Chicago last week. Our topic: Introducing Conflict Resolution Skills in Health Care. We summarized how conflict is viewed in the health care setting, reviewed a cost of conflict calculator, and used case studies from Getting to Yes by Roger Fisher and William Ury, The Power of a Positive No by William Ury, and Bey

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A public hearing was held yesterday on a collaborative healthcare bill currently before the 82nd Texas Legislature which would establish a Texas Institute of Health Care Quality and Efficiency. SB 8, which seeks “to improve health care quality, accountability, and cost containment in this state by encouraging health care provider collaboration, effective health care delivery models, and coordination of health care services,” was referred to the H

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Mark your calendars! The American College of Healthcare Executives (ACHE) will host the 2011 Congress on Healthcare Leadership March 21-24, 2011 in Chicago, IL at the Hilton Chicago and Palmer House Hilton. The 2011 Congress will offer “more than 100 educational seminars, special programs, networking events and professional development possibilities.” According to the event brochure, the Congress, will be filled with opportunities to explore the

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