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Duke Law

1997

Health care industry

Articles 1 - 3 of 3

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Arbitration Agreements In Health Care: Myths And Reality, Elizabeth Rolph, Erik Moller, John E. Rolph Jan 1997

Arbitration Agreements In Health Care: Myths And Reality, Elizabeth Rolph, Erik Moller, John E. Rolph

Law and Contemporary Problems

It is asserted that alternative dispute resolution methods, particularly mandatory binding arbitration agreements, have become the rule in health care delivery. A study was conducted to ascertain how widespread mandatory arbitration agreements between health plans and providers and their enrollees and patients really are, to assess how decisions regarding their use are made and to evaluate the prospects of their future use.


Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus Jan 1997

Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus

Law and Contemporary Problems

It is hypothesized that mediation in either a fault-based or a no-fault environment can make claims resolution more efficient and simultaneously promote quality improvement in health care more effectively than does the litigation/settlement process.


Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller Jan 1997

Medical Discipline In The Twenty-First Century: Are Purchasers The Answer?, Frances H. Miller

Law and Contemporary Problems

The adaptation of medical discipline in the 21st century is examined by positing that the locus of "disciplining" doctors has already begun to gravitate away from traditional government licensure and medical malpractice litigation toward purchasers of medical services.