Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- End-of-life (2)
- ADR (1)
- Administrative procedure--Research (1)
- Arbitration and award (1)
- Bioethics (1)
-
- Dispute resolution (Law)--Research (1)
- Do-not-attempt-resuscitation (1)
- Do-not-resuscitate (1)
- Due process of law (1)
- Malpractice (1)
- Mediation (1)
- Medical futility (1)
- Medical futility dispute (1)
- Medical laws & legislation--United States (1)
- Non-beneficial treatment (1)
- POLST (1)
- Policy sciences (1)
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Dispute Resolution and Arbitration
Medical Malpractice Arbitration: Not Business As Usual, David Larson, David Dahl
Medical Malpractice Arbitration: Not Business As Usual, David Larson, David Dahl
Faculty Scholarship
There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires his or her clients to sign mandatory pre-dispute arbitration agreements. In fact, some service providers prefer to avoid arbitration regardless of whether it is arranged pre- or post-dispute. So which merchants or service providers are choosing to forgo arbitration and, more importantly, why do they dislike arbitration? And do politics have anything to with their choices? Physicians are not, shall we say, the world’s greatest …
Texas Advance Directives Act: Nearly A Model Dispute Resolution Mechanism For Intractable Medical Futility Conflicts, Thaddeus Pope
Texas Advance Directives Act: Nearly A Model Dispute Resolution Mechanism For Intractable Medical Futility Conflicts, Thaddeus Pope
Faculty Scholarship
Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (‘TADA’). In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive life-and-death conflicts. But TADA is …
The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical?, Marc D. Ginsberg
The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical?, Marc D. Ginsberg
Mitchell Hamline Law Review
No abstract provided.
Dispute Resolution Mechanisms For Intractable Medical Futility Disputes, Thaddeus Mason Pope
Dispute Resolution Mechanisms For Intractable Medical Futility Disputes, Thaddeus Mason Pope
Faculty Scholarship
Medical futility disputes occur frequently in healthcare facilities across the United States. In this Article, I provide an overview of dispute resolution mechanisms through which healthcare providers can resolve these disputes. In Section I, identify three distinctive features of medical futility disputes. First, they usually concern life-sustaining medical treatment for patients in a hospital’s intensive care unit. Second, these patients typically lack decision making capacity. So, a surrogate must make treatment decisions on the patient’s behalf. Third, this surrogate and the patient’s physician disagree over the treatment plan. The surrogate wants to continue life-sustaining treatment. But the physician thinks that …
Mediation At The End Of Life: Getting Beyond The Limits Of The Talking Cure, Thaddeus Mason Pope, Ellen A. Waldman
Mediation At The End Of Life: Getting Beyond The Limits Of The Talking Cure, Thaddeus Mason Pope, Ellen A. Waldman
Faculty Scholarship
Mediation has been touted as the magic band-aid to solve end-of-life conflicts. When families and health care providers clash at the end of life, bioethicists and conflict theorists alike have seized upon mediation as the perfect procedural balm. Dissonant values, tragic choices, and roiling grief and loss would be confronted, managed, and soothed during the emotional alchemy of the mediation process. But what is happening in a significant subset of end-of-life disputes is not mediation as we traditionally understand it. Mediation's allure stems from its promise to excavate underlying needs and interests, identify common ground, and push disputants toward more …