Abstract
The notion behind alternative dispute resolution in healthcare is that mediation is a procedure that attempts to resolve issues in the industry outside of litigation, meaning the court with a judge. As healthcare professionals and people who believe in a higher power, specialists frequently encounter situations fraught with uncertainty, primarily when a disagreement or conflict arises. The research results indicate that mediation, an efficient and successful procedure, may be used as an alternate conflict resolution method to help resolve disagreements outside litigation and the courtroom.
Alternative conflict resolution has proven effective in assisting parties, including patients, hospitals, nurses, and doctors, to overcome disagreements, such as neglect, carelessness, and misunderstanding. Medical professionals must consider the moral and legal implications of their work with patients. The protection and well-being of every patient receiving treatment is the overarching goal of all parties.
Introduction
The method or system for resolving legal disputes outside of the courtroom is known as alternative dispute resolution (ADR). ADR is flexible and comprises a variety of hybrid methods, such as arbitration, conciliation, and mediation, making it suitable for use in various conflict and disagreement situations (Ehikhamenor et al., 2017). ADR has gained popularity as a legal tool for conflict resolution due to its efficiency in terms of cost and time, adaptability, confidentiality, and sensitivity to the particulars of each case (Sustek & Holcapek, 2017).
Alternative dispute resolution is for parties to own the conflict and be prepared to cooperate to arrive at an agreeable solution for both sides (Amirthalingam, 2017). The employment of mediation is among the most well-known and often employed concepts, tactics, or tactics in terms of ADR. In the past, healthcare institutions have employed mediation with doctors as a tool in the litigation process. In various situations, medical practitioners, especially doctors, should have taken preventative measures to avoid medical malpractice since they have a duty of care to their patients.
However, there is no justification for medical malpractice, and there never will be. Nurses may encounter covert and overt patient opposition when adopting preventative techniques despite clearly specified rules (Widjaja, 2020). A patient may become ill or injured for reasons other than those they were initially believed to have happened, including mistakes, negligence, and neglect. Some individuals, therefore, have unanticipated outcomes from their medical operations, such as anesthetic problems or surgical errors.
With the instances above, mediation seems to be a beneficial technique for resolving disputes. It may help with difficulties beyond the initial ones, allowing all parties to be regarded from a sympathetic perspective. Each party will be able to convey the challenges previously ignored since they can now be viewed for who they are—humans. Both the plaintiff and the defendant in a legal dispute might benefit from using mediation as a tactic in the case.
Mediation can be advantageous in the healthcare system, particularly when the potential for a malpractice issue grows. In these situations, the conflict centers on the failure of the patient, the patient’s representative, and the doctor to communicate properly, which can result in a lack of disclosed information. Each party’s representatives must understand that it will take some time to decide how to address the allegations of malpractice. Mediation may improve patient safety by highlighting mistakes or reestablishing the patient-physician relationship.
Examples of Negligence
Most medically linked injuries are not necessarily the result of physical carelessness on the part of medical professionals. Most of the time, health professionals who have received training commit acts of carelessness because they fear retaliation or revenge and hesitate to report incidents of negligence from colleagues or superiors. The patients in these situations must demonstrate that the harm done to them was caused by acts of neglect to receive compensation, which can only be done financially through legal action.
Through the establishment of processes like ADR, the legal process can help the clients who have been wounded due to neglect to receive compensation. A doctor’s apology to the client for what happened is one of the most crucial stages in helping a wounded client feel whole again (Nwedamutsu, 2020). There is a greater chance that the institution or the medical staff may face legal action. The benefit of secrecy makes some people think that a private mediation is the best location to express regret because such regrets are secured by federal law (Nkabinde, 2018). The use of ADR, including mediation, is preferred by medical professionals and their advocates because it may be a successful means of dealing with patients who suffer due to negligence.
Honorable and Principled Obligations
An individual’s disruptions, interruptions, and fear have the potential to damage, injure, or even kill another person. However, it is essential to report any instances of neglect in the healthcare industry as soon as they are observed to ensure everyone receives proper care. Those who are leaders should be the ones to be informed to prevent conflicts, or if an issue does arise, they should be the ones to handle the situation, settle the problem, and put an end to it (Collins, 2006). John 15:22 proclaims: “If I had not come and spoken unto them, they had not had sin: but now they have no cloak for their sin” (English Standard Version Bible, 2001).
What distinguishes humans from all other creatures in the world is the ability to pick their paths through life, daily choices, and the course people choose to follow. Regarding the connection between morals and religions, in the English Standard Version Bible (2001), Hebrews 12:14 suggests ‘follow peace with all men and holiness, without which no man shall see the Lord”. God has given people the ability to judge right from wrong, enabling us to act and speak, following what is good when confronted with it.
A medical practitioner must ensure that the patient is getting quality treatment and is safe from harm when they choose to purposefully and intentionally not disclose any behaviors they perceive to be negligent. When viewed from the perspective of morality, one must act morally to exist by Him and receive gifts from Him. The medical professionals who serve the patients who come to them seek care in the best way they can, the best they can, and uphold the terms of that pledge (Mansour, 2018).
Similar to how specialists in the medical industry face challenges to their morality and ethics, a variety of attorneys identify as Christians. They must be granted the legal authority to disdain, disobey, or even topple legislation defending those rights (Close, 2020). Many attorneys believe they are responsible for defending and serving their clients, just as doctors are responsible for defending and serving the patients they treat. However, many Christian attorneys have discovered a way to use mediation while upholding their morals and values to obtain compensation and justice for their clients in medical malpractice cases.
Suggestions for Hospitals/Healthcare Organizations
A hospital is a place that consistently moves at a rate that is quicker than average, making it one of the most difficult organizations for system adoption. It would be beneficial to implement various mechanisms at the institution to help create a safer environment for patients and their families and reduce the number of incidents of neglect. The first system that will be put into place would be negligent training tailored to the specialties of the medical practitioners.
In training, situations and instances of neglect that are typical to their field of expertise will be provided, and there will be a talk of the steps that should be taken to deal with or resolve them. All staff must attend the training sessions held four times a year. With this form of training, the professionals will be able to ultimately minimize the incidence of acts of negligence and decrease malpractice cases. The overarching objective is to emphasize both the moral component and the pragmatic thinking that people naturally possess.
Ethical restrictions are tested daily in the healthcare industry, but ethics is the foundation of any healthcare facility. Therefore, there will be an ability to uphold all ethical standards to protect, serve, and care for the patients, including their rights. Also helpful are procedures for anonymous reporting of ethical transgressions inside and outside the business and simple access to expert resources to help resolve ethical difficulties at work (Pozgar, 2019). Building strong ties and connections with clients is a great technique to be implemented since it will reduce medical negligence.
A comprehensive hiring procedure, which is crucial for any organization, institution, or business, would be the second mechanism that would be put into place. When hiring staff, the business will be able to highlight its main objectives and assemble a group of people who are dedicated to achieving them. The potential candidates’ backgrounds, including their previous employment records, will be thoroughly investigated.
The issue of permission and ensuring that patients understand the therapy they will get any potential hazards, and any other alternatives that may be available to them. Before receiving any service or treatment, obtaining the patient’s consent would be necessary, which would then be checked using a system to ensure everything is in order. The operations will be suspended until the patient provides the necessary permission if it is determined that the consent was unlawfully supplied or acquired. Allowing everyone to report any actions they believe to be negligent would be made possible by open communication between all parties. That will ensure their protection and safety as they look into the issue at hand.
Conclusion
Overall, finding methods will help reduce the legal damage and increase liability to a medical practitioner or organization. A hospital, including medical personnel, must be able to fulfill the requirements of the position they accepted, which is to put the patient first, especially when doing their duties. The patient’s principles, concerns, perspectives, and rights should come first for the medical practitioner in all decisions.
Whether professionals practice any religion or have faith in God, they should focus on developing medical professionals and protecting the legal rights of patients and those who care for them. In order to reduce the expenses or the length of time-consuming legal proceedings, it is necessary to work to guarantee that there is a cap on medical malpractice or negligence. The most efficient approach is to use policies, processes, and training for people, including applying all three stated, which will decrease the number of instances of medical malpractice and lawsuits.
References
Amirthalingam, K. (2017). Medical dispute resolution, patient safety, and the doctor-patient relationship. Singapore Medical Journal, 58(12), 681-684.
Close, T. S. (2020). Pursuing peace: Examining alternative dispute resolution practices throughout the world’s religious traditions (Publication No. 27837725) [Ph.D. dissertation, Drew University]. Drew University ProQuest Dissertations Publishing. Web.
Collins, F. S. (2006). The language of God: A scientist presents evidence for belief. Free Press.
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 of Medicine and Biomedical Research, 6(2), 74-85. Web.
English Standard Version Bible. (2016). ESV Online. (Original work published 2001). Web.
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 (Publication No. Publication No. 24269) [Ph.D. thesis, Middlesex University]. Oxford Centre for Mission Studies. Web.
Nkabinde, F. T. (2018). Mediation: An alternative dispute resolution in medical negligence cases (Publication No. 50872850) [Doctoral dissertation, University of South Africa]. University of South Africa. Web.
Nwedamutsu, T. (2020). Alternative dispute resolution in medical malpractice in South Africa (Publication No. 3149149) [LLM thesis, University of the Western Cape]. University of the Western Cape.
Pozgar, G. D. (2022). Legal aspects of health care administration (14th ed). Jones & Bartlett Learning.
Šustek, P., & Holčapek, T. (2017). Alternative Dispute Resolution in Medical Malpractice Disputes. 22nd International Scientific Conference on Economic and Social Development – “Legal Challenges of Modern World”, 233-242. Web.
Widjaja, G. (2020). Mediation as toll to settle medical disputes; Indonesian case. Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Web.
