Escaping the Shadow of Malpractice Law
Law & Contemporary Problems, Vol. 74, 241-278 (2011).
38 Pages Posted: 13 Nov 2019
Date Written: 2011
Abstract
Rabinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.
Suggested Citation: Suggested Citation
RABINOVICH-EINY, Orna, Escaping the Shadow of Malpractice Law (2011). Law & Contemporary Problems, Vol. 74, 241-278 (2011)., Available at SSRN: https://ssrn.com/abstract=3480612
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