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Arbitration and Medical Malpractice
 An article entitled "Medical Malpractice Disputes in the Age of Managed Care".

Health Care Due Process Protocol
In 1998, the American Arbitration Association, the American Bar Association and the American Medical Association jointly released the Health Care Due Process Protocol to serve as a framework for ensuring the fair and equitable resolution of health care disputes using alternative dispute methods, including arbitration. The full text of the Protocol can be found at the American Arbitration Association's web site by clicking here. 

A Summary of the Recommendations are as follows:

1. Alternative dispute resolution can and should be used to resolve disputes over health care coverage and access arising out of the relationship between patients and private health plans and managed care organizations.
2. Alternative dispute resolution can and should be used to resolve disputes over health care coverage and access arising out of the relationship between health care providers and private health plans and managed care organizations.
3.

In disputes involving patients, binding forms of dispute resolution [such as arbitration] should only be used where the parties agree to do so after a dispute arises.
4. It is essential that due process protections be afforded to all participants in the alternate dispute resolution process.
5. Review of managed health care decisions through alternative dispute resolution complements the concept of internal review of determinations made by private managed health care organizations.


 

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Norman B. Pickell  Lawyer - Mediator - Arbitrator  58 South Street, Goderich, Ontario N7A 3L5  Telephone (519) 524-8335   Fax (519) 524-1530