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Alternative Dispute Resolution in Medical Malpractice Disputes

The result's identifiers

  • Result code in IS VaVaI

    <a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F17%3A10362699" target="_blank" >RIV/00216208:11220/17:10362699 - isvavai.cz</a>

  • Result on the web

  • DOI - Digital Object Identifier

Alternative languages

  • Result language

    angličtina

  • Original language name

    Alternative Dispute Resolution in Medical Malpractice Disputes

  • Original language description

    Alternative dispute resolution (ADR) is a category comprising various techniques which enable the parties to resolve their conflicts out of the highly formalized judicial proceedings. In many legal systems, ADR is an increasingly popular set of legal instruments to resolve disputes because of its cost-effectiveness and time-effectiveness, flexibility, confidentiality and respect for unique aspects of a particular case. While it is traditionally associated primarily with commercial arbitration on one hand and consumer disputes on the other hand, ADR has been introduced also to the area of medical malpractice disputes. With the growing numbers of these disputes as well as rising amounts of compensation in many Western countries, the use of ADR in health care context is only logical and its further increase can be expected. Many studies show not only that ADR methods such as early apology, mediation or arbitration are very rational from an economic perspective for the health care providers, but also that these techniques improve the patients&apos;, or their relatives&apos;, satisfaction. However, very serious questions may arise about the suitability and even legality of the use of ADR in medical malpractice cases given mainly its possible interference with the human right to access to justice. The paper first introduces the ADR, its particular techniques and their use in medical malpractice disputes. Benefits and disadvantages of ADR in medical malpractice disputes are then analysed with a special emphasis on its possible conflict with the human, and constitutionally protected, right to access to justice. The paper eventually assesses the conditions of suitability of ADR in the specific context of medical malpractice disputes.

  • Czech name

  • Czech description

Classification

  • Type

    D - Article in proceedings

  • CEP classification

  • OECD FORD branch

    50501 - Law

Result continuities

  • Project

  • Continuities

    I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Others

  • Publication year

    2017

  • Confidentiality

    S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Data specific for result type

  • Article name in the collection

    Economic and Social Development : 22nd International Scientific Conference on Economic and Social Development – “The Legal Challenges of Modern World” : Book of proceedings

  • ISBN

  • ISSN

    1849-7535

  • e-ISSN

    neuvedeno

  • Number of pages

    10

  • Pages from-to

    233-242

  • Publisher name

    Varazdin Development and Entrepreneurship Agency

  • Place of publication

    Varazdin

  • Event location

    Split

  • Event date

    Jun 29, 2017

  • Type of event by nationality

    WRD - Celosvětová akce

  • UT code for WoS article