What Is Alternative Dispute Resolution in Healthcare Disputes?

What Is Alternative Dispute Resolution in Healthcare Disputes?

There are a range of healthcare disputes that you may find yourself involved in. This could include conflicts with your provider or insurance company regarding treatment or charges. Or, if your business is involved in healthcare, some disputes may arise that quickly become complex, resulting in expensive and time-consuming litigation proceedings.

One of the best ways to resolve a healthcare dispute with less time and less expense is with Alternative dispute resolution (ADR). This article discusses healthcare disputes and how they can be best served with ADR.

What are Healthcare Disputes?

Healthcare disputes can take many forms. What they all have in common is that they involve the healthcare sector in one way or another. This could be conflicts between patients or patients’ families and healthcare providers, or it could be issues between professionals, such as between doctors or between hospitals and pharmaceutical companies.

Healthcare disputes could include:

• Conflicts between insurance or managed care providers and doctors or hospitals regarding contracts, reimbursements, administrative issues, etc.
• Issues regarding employment agreements between medical professionals and hospitals or healthcare companies.
• Disagreements over billing from laboratories and other third-party vendors or service providers.
• Conflicts involving insurance coverage and claims either through billing or payment.
• Product liability matters arise from medical device malfunctions or defective pharmaceutical drugs.
• Medical malpractice or medical necessity disputes.
• Intellectual property matters regarding pharmaceuticals or medical devices or techniques.

These are just a few of the potential healthcare disputes that could arise either during standard interactions or due to medical emergencies. Depending on the parties and jurisdictions involved, as some of the disputes may cover more than one country, there are different ways to handle the conflict.

How to Resolve Disputes?

Litigation in a court of law is usually the first solution that comes to mind for many. However, it can become an expensive and lengthy process as you must follow the judge’s and court’s schedule and rules as you spend your resources on legal and expert advisers to strategize and argue your position. Then, after all is said and done, it is up to the court to decide, after which an even lengthier appeal process may follow.

Alternative dispute resolution (ADR) provides parties with processes to resolve disputes amicably without the time and monetary expenses of court litigation. The main alternative dispute resolution methods include negotiation, mediation or conciliation, and arbitration.

Negotiation is a process through which a neutral negotiator facilitates discussions between the disputing parties until they all agree on a mutually beneficial outcome. Mediation, or conciliation, is a little more regimented as a knowledgeable, neutral mediator is more involved in discussions to reach an agreement; however, the mediator can only assist and cannot suggest solutions. Arbitration services are much more structured than the other forms of ADR as an appointed arbitrator conducts and adjudicates proceedings according to established arbitration rules. In these cases, the arbitrator decides the resolution, and in many cases, this is legally binding, whereas in the other ADR methods, it may not be.

Therefore, you may find that one of the best ways to resolve a healthcare dispute is through ADR. Unfortunately, this is often the case, particularly in Thailand, where regulatory regimes can be complicated, and the law is often silent regarding specific healthcare issues, such as medical malpractice and medical device liability. THAC is an internationally recognized arbitration institute with experience in healthcare matters, offering complete services for arbitration in Thailand.

Why is ADR Needed in Healthcare Disputes?

ADR is a simpler, more effective method to resolve healthcare disputes. Because many healthcare disputes involve complex scientific or medical issues as well as different government regulatory bodies’ rules and procedures, litigation can become as complex, costly, and time-consuming.

In court litigation, relevant parties must abide by court rules, filing motions, completing discovery, proposing or disputing expert witnesses, presenting arguments and evidence, and so on. Furthermore, all this must be done to the court’s schedule, which will most likely cause delays as the parties contend with other cases for a time before the judge.

With ADR, the involved parties determine the schedule, accommodating advisors and experts. Also, no formal evidentiary hearings are needed, as the parties have an agreed-upon procedure. ADR simplifies the process with the arbitrator limiting the time frame regarding evidence and its discovery, usually according to specified rules. This could include only one round of depositions, something that is not usually restricted in litigation.

Healthcare disputes are often highly emotional as they may involve loss of life or ability. In addition, a professional career or reputation may be on the line, and it is usually challenging to come out of a public proceeding like litigation unaffected, even if not found at fault. ADR can mitigate this as these proceedings are private and confidential unless all involved parties agree to otherwise. This also allows for candid conversations that may not be possible in a court hearing.

Most importantly, in many cases, judges overseeing court proceedings are likely not subject-matter experts on the issues at hand. This may add time and cost as experts must explain relevant technical or scientific matters, and the judges may need time to review specific regulatory and legal regimes to adjudicate appropriately. With ADR, relevant parties can appoint neutral third parties who are experts in the matter’s subject in dispute. With this valuable knowledge and experience, a skilled mediator or arbitrator can help parties navigate the dispute to a resolution much more efficiently than if litigated.

THAC Can Assist in Your Healthcare Dispute ADR

The Thailand Arbitration Center (THAC) has a wide array of experts in healthcare disciplines who are also skilled and experienced arbitrators and mediators to assist you in your healthcare disputes. Along with these knowledgeable, neutral third-party experts, THAC offers affordable, state-of-the-art facilities able to accommodate full ADR, including arbitration services. This includes online dispute resolution (ODR) featuring remote hearings for those unable to travel to our meeting rooms. In addition, THAC has a very central location for local and multi-jurisdictional disputes, near the Phrom Phong BTS Skytrain station, and major roads and highways for easy access from within Bangkok from nearby international airports. For more information about availing yourself of our international-standard ADR solutions to resolve your business or personal conflict, please contact THAC at [email protected] or +66 (0)2018 1615.