In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers

The Health Lawyer 2014; 25(3): 10-14

5 Pages Posted: 27 Jun 2014  

E. H. Morreim

University of Tennessee Health Science Center- College of Medicine, Department of Internal Medicine

Date Written: February 1, 2014

Abstract

Conflict is inevitable in healthcare. Disputes easily arise over adverse outcomes, medical necessity and payment determinations, peer review actions, quality evaluations and clinical care decisions, to name a few. Employment relationships between hospitals and physicians are another source of challenges. Although hospital-physician conflicts are not necessarily more frequent or more important, they can illustrate the ways in which health lawyers must understand the role of conflict in healthcare, and the need to build solid, user-friendly structures for conflict resolution into these relationships. Those structures are the focus of this article. In the case discussed, numerous issues arose after a hospital purchased a physician practice. The relationship ended in “divorce” – a dissolution of the employment arrangement. This article proposes that built-in conflict resolution processes, ranging from on-the-spot problem solving to formal mediation, might have instead permitted the parties to resolve these problems amicably. Finally, the discussion distills specific suggestions for health lawyers.

Keywords: healthcare, conflict, mediation, conflict resolution, hospitals, physician employment, health law

Suggested Citation

Morreim, E. H., In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers (February 1, 2014). The Health Lawyer 2014; 25(3): 10-14. Available at SSRN: https://ssrn.com/abstract=2458747

E. H. Morreim (Contact Author)

University of Tennessee Health Science Center- College of Medicine, Department of Internal Medicine ( email )

United States

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