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Mediating Health Care Disputes

presented by Ron Scott, PT, JD, EdD

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Disclosure Statement:

Financial: Dr. Ron Scott, PT, EdD, JD, received an honorarium from MedBridge for this course. Dr. Scott is an adjunct associate professor at Rocky Mt. University of Health Professions, Provo, Utah.

Non-Financial: Dr. Scott is a volunteer pro bono attorney-mediator for the Bexar County Justice Center, San Antonio, Texas.

Satisfactory completion requirements: All disciplines must complete learning assessments to be awarded credit, no minimum score required unless otherwise specified within the course.

MedBridge is committed to accessibility for all of our subscribers. If you are in need of a disability-related accommodation, please contact [email protected]. We will process requests for reasonable accommodation and will provide reasonable accommodations where appropriate, in a prompt and efficient manner.

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All primary and specialty health professionals face formidable legal challenges to successful lifelong practice, including malpractice exposure, contracting for employment, forming partnerships or limited liability businesses, and maintaining optimal patient/client-provider professional relations, among other practice parameters. This course introduces a little-known or utilized alternatives to taking any and all disputes to court, namely, mediation, one of two forms of alternative dispute resolution. Mediation involves utilizing (often free-of-charge) a trained attorney or non-attorney specialist mediator to assist parties with civil or criminal disputes (including health care malpractice cases, and disputes within health professional academic and employment settings, among others) to amicably and civilly resolve their issues without resort to initiating or continuing in the formal litigation system. Mediation and its related process, binding arbitration, are less formal than litigation, less costly, resolved in less time, in most cases, without a written record. The course concludes with a discussion on how health professionals themselves may become mediators for their specialty areas of expertise, again, often at no- or low-cost, through attending county or parish dispute resolution center-sponsored basic mediator courses, offered regularly throughout the year. This course is targeted toward intermediate to advanced-level professionals and professional students in all disciplines, including, but not limited to, physical, occupational and speech therapy, nursing, athletic training, medicine, and chiropractic.

Meet Your Instructor

Ron Scott, PT, JD, EdD

Dr. Scott is a health law attorney-mediator and educator. He is a faculty member at Rocky Mountain University, the University of Montana, Rehab Essentials, and MedBridge Inc. Dr. Scott's principal teaching interests include healthcare ethics, law, management, and policy. He developed two widely utilized health professional practice tools: the systems approach to ethical decision-making and…

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Chapters & Learning Objectives

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1. Introduction to Mediation as an Alternative to Going to Court

This initial session introduces the enigmatic concept of mediation to health professionals who might otherwise just take a case to litigation, where they will face substantially higher costs, loss of valuable practice time, and sacrifice personal and professional privacy rights.

2. Mediator Roles; Health Professionals as Specialty Mediators

This section defines and describes the key roles that a mediator plays in interpersonal dispute resolution. The chapter also describes how health professionals may become specialty mediators in their areas of expertise, in order to help patients, colleagues, and relevant others more amicably resolve disputes.

3. Case Exemplars

This final section presents four hypothetical cases that offers health professionals the opportunity to practice case resolution, utilizing their best clinical judgment and skills.

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