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Arbitration and Health Care Disputes

                                                                                                        

There has always been a sense of dispute between the patients and health care workers, but during 1970s it rose to a big extent when the claims of malpractices in the medical field grew notably. Recently there has been a huge growth in the field of medical care, which has led to the introduction of the new sets of decisions and decision makers as well for the deliverance of the medical facilities and health care. 

The field of medical care now provides an option to choose the appropriate treatment program and also the reimbursement schedules, along with an option to access the best and qualified specialist doctors. A wide array of decision makers and increase in the control system has substantially led to the increment of the probability of disputes. 

Informal sources and evidences have suggested that to alleviate the consequences of the growing disputes, the medical care providers and the health plans are turning to the alternative forms of dispute resolution one among those is the private and mandatorily binding agreements of arbitration the mandatory binding arbitration is a highly controversial practice. The results have shown that this practice is highly beneficial as it leads to informed decision making and sustaining of the cordial relationships between patients and doctors or the medical staff.

“The lawmakers and the judiciary are now being asked to determine the appropriateness and value of subjecting health care disputes to private binding arbitration.”

“The researchers have discovered that contrary to popular belief, arbitration agreements are not widely used in the medical settings and where they are used they typically results from the organization, policy direction, etc.”   

  • what are health care disputes?
  • how does arbitration helps in such case
  • frequency of choosing arbitration as a method to solve health care disputes

BY : Tanya Vashistha

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