Health Care Mediation
Many disputes about medical and health care wind up in the courtroom. Hiring an attorney, filing a lawsuit, and then engaging in a few years of litigation is rarely the best way to resolve some disputes in health care. However, many such disputes could be resolved before litigation using mediation.
While many medical and healthcare disputes find their way into courtrooms, there exists a more efficient path. Mediation, in particular, holds the potential to resolve these issues before they escalate into litigation.
Yet, understanding legal rights in such scenarios demands valuable time, effort, and financial resources. The conventional route of hiring an attorney, filing a lawsuit, and embarking on years of litigation often proves to be less than ideal for certain healthcare disputes.
Whether the conflict involves a patient and physician, a nurse and administrator, or a medical group and a healthcare facility, Alternative Dispute Resolution (ADR) offers a promising avenue for resolution.
ADR is gaining recognition as a preferred method for addressing medical-related disputes. It encompasses a range of informal processes, including mediation, arbitration, or an ombuds program, providing a more flexible and efficient means of finding resolution.
We offer mediation services in a variety of contexts, including:
For consumers or patients:
Disputed medical bills
Conflict over recommended medical treatment
Error in medical treatment
Patients feeling left out of decision-making
For health care workers:
Dispute with your employer about your hours, wages, benefits, a promotion, or conditions of your employment
Disagreement with your partners or coworkers
For medical providers:
Disagreement with a patient about care
Billing disagreement, unpaid bills
Disputes between colleagues in an office or hospital
Numerous federally and state-funded mediation programs stand ready to assist in resolving conflicts related to Medicare and Medicaid.
Certain states, like Virginia, also offer the services of an ombudsman to aid in addressing issues with medical insurance. Moreover, our office extends mediation services within the healthcare sector, supporting medical providers and consumers in efficiently resolving their disputes.
Whether the dispute involves medical professionals, patients, healthcare facilities, or facility staff, mediation presents a cost-effective and time-saving alternative to litigation. Even in cases where a resolution isn't reached through mediation, parties retain the option to pursue litigation, setting it apart from arbitration.
Find out if health care mediation is right for you.
Contact our office today and schedule a free consultation.
Frequently asked questions about health care mediation:
-
When a physician retires or leaves a medical practice, there are many details to attend to depending upon contractual agreements, the practice's legal structure, and the arrangement's formality. Engaging a mediator can assist in resolving complex issues without involving legal proceedings.
-
Yes. In collaborative law, both parties retain specially trained attorneys who work as a team to resolve the conflict. They agree, before negotiations, to share all information necessary to reach an agreement, and they agree not to resolve the issue in court. Attorney Kathleen Clark has written extensively, and here is one article.
-
When a consumer disagrees with a medical bill or any dispute about a bill, they may write to both the creditor and the three collection agencies to dispute the bill. If you have placed the charge on a credit card, you may dispute the charge with your credit card company. If you don't have insurance, you can dispute the bill through HHS.
Additionally, since July 1, 2022, Equifax, Experian, and TransUnion are not reporting an unpaid medical debt in collections for under one year. Additionally, starting in the first half of 2023, Equifax, Experian, and TransUnion will no longer include medical debt in collections under $500 on credit reports.
However, consider the long and short-term consequences of the debt and provide an opportunity for the medical provider, perhaps with a third-party mediator, to resolve the debt to everyone's satisfaction.
