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Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care

Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care

Published on: February 16, 2011

Considerations for implementing pre-dispute arbitration agreements in provider contracts.

Joseph M Desmond¹

¹Morrison Mahoney LLP, Boston, USA.

Journal of Healthcare Risk Management : the Journal of the American Society for Healthcare Risk Management

|March 5, 2010

Summary

Healthcare providers use arbitration agreements to mitigate risks from large medical malpractice verdicts and high defense costs. Successful arbitration programs require adherence to evolving legal standards.

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Last Updated: Jun 15, 2026

Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care

Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care

Published on: February 16, 2011

Area of Science:

Healthcare Law
Risk Management
Litigation Strategy

Background:

Rising jury awards and defense costs in medical malpractice cases incentivize alternative dispute resolution.
Healthcare providers increasingly adopt arbitration agreements within admission contracts to manage litigation exposure.

Purpose of the Study:

To inform healthcare risk managers about the legal landscape of arbitration in medical malpractice.
To highlight the necessity of administering arbitration programs in compliance with current laws.

Main Methods:

Review of legal trends in medical malpractice litigation.
Analysis of the implementation and administration of arbitration agreements in healthcare.

Main Results:

Arbitration agreements are a strategy to control costs and limit unpredictable jury verdicts.
Effective arbitration requires ongoing awareness and adaptation to legal developments.

Conclusions:

Healthcare providers must ensure their arbitration programs align with evolving legal requirements.
Proactive risk management and legal compliance are crucial for successful arbitration in healthcare settings.