Emerging Issues in Health Arbitration

Expert-defined terms from the Specialist Certification in Arbitration and Health Law course at London School of Business and Administration. Free to read, free to share, paired with a professional course.

Emerging Issues in Health Arbitration

ADR stands for Alternative Dispute Resolution, a process of resolving dis… #

Related terms include arbitration, mediation, and negotiation. In health arbitration, ADR can be used to resolve disputes over medical malpractice, insurance claims, and patient rights. For example, a patient may use ADR to resolve a dispute with a healthcare provider over a billing issue.

Accountability refers to the responsibility of healthcare providers to en… #

In health arbitration, accountability is crucial in determining liability for medical errors or negligence. Related terms include transparency, patient safety, and quality of care. For instance, a healthcare provider may be held accountable for failing to disclose medical errors to a patient.

Accreditation is the process of evaluating healthcare organizations to en… #

In health arbitration, accreditation can be used as evidence of a healthcare provider's commitment to quality care. Related terms include certification, licensure, and regulation. For example, a hospital may be accredited by a reputable organization to demonstrate its commitment to patient safety.

Administrative Law refers to the body of law that governs the actions of… #

In health arbitration, administrative law can be relevant in disputes over regulatory compliance, licensing, and accreditation. Related terms include regulatory law, healthcare law, and public health law. For instance, a healthcare provider may challenge a regulatory agency's decision to revoke its license.

Adverse Event refers to an unexpected or unwanted outcome of medical trea… #

In health arbitration, adverse events can be a basis for claims of medical malpractice or negligence. Related terms include medical error, patient safety, and quality of care. For example, a patient may file a claim against a healthcare provider for an adverse event resulting from a medication error.

Advocacy refers to the process of supporting and promoting the rights and… #

In health arbitration, advocacy can play a crucial role in ensuring that patients' voices are heard and their rights are protected. Related terms include patient advocacy, healthcare advocacy, and health policy. For instance, a patient advocate may help a patient navigate the healthcare system and assert their rights.

Alternative Dispute Resolution (ADR) refers to a range of processes, incl… #

In health arbitration, ADR can be used to resolve conflicts between patients, healthcare providers, and insurers. Related terms include arbitration, mediation, and negotiation. For example, a patient may use ADR to resolve a dispute with a healthcare provider over a billing issue.

Appeal refers to the process of challenging a decision or ruling, such as… #

In health arbitration, appeals can be made to a higher court or to a specialized appeals board. Related terms include appeal process, appellate review, and judicial review. For instance, a healthcare provider may appeal an arbitration award that finds it liable for medical malpractice.

Arbitration refers to the process of resolving disputes through the use o… #

In health arbitration, arbitration can be used to resolve disputes over medical malpractice, insurance claims, and patient rights. Related terms include alternative dispute resolution, mediation, and negotiation. For example, a patient may use arbitration to resolve a dispute with a healthcare provider over a medical billing issue.

Arbitrator refers to a neutral third #

party decision-maker who presides over an arbitration hearing and makes a binding decision. In health arbitration, arbitrators are often experts in healthcare law or medicine. Related terms include mediator, negotiator, and judge. For instance, an arbitrator may be appointed to preside over an arbitration hearing between a patient and a healthcare provider.

Autonomy refers to the right of patients to make informed decisions about… #

In health arbitration, autonomy can be a relevant factor in disputes over informed consent, medical treatment, and patient rights. Related terms include informed consent, patient rights, and self-determination. For example, a patient may assert their autonomy by refusing a particular medical treatment.

Beneficence refers to the principle of doing good and promoting the well #

being of patients. In health arbitration, beneficence can be a relevant factor in disputes over medical treatment, patient safety, and quality of care. Related terms include non-maleficence, autonomy, and justice. For instance, a healthcare provider may be found to have breached the principle of beneficence by failing to provide adequate care to a patient.

Bias refers to a prejudice or predisposition that can influence the decis… #

In health arbitration, bias can be a challenge, particularly if arbitrators have conflicts of interest or lack expertise in healthcare law or medicine. Related terms include impartiality, neutrality, and conflict of interest. For example, an arbitrator may be found to have a bias against a particular healthcare provider.

Billing Dispute refers to a conflict over the payment of medical bills or… #

In health arbitration, billing disputes can be resolved through arbitration, mediation, or negotiation. Related terms include insurance claims, medical billing, and reimbursement. For instance, a patient may dispute a medical bill with a healthcare provider.

Bioethics refers to the study of the ethical and moral principles that gu… #

In health arbitration, bioethics can be relevant in disputes over medical treatment, patient rights, and end-of-life care. Related terms include medical ethics, healthcare ethics, and biolaw. For example, a healthcare provider may be found to have breached bioethical principles by withholding treatment from a patient.

Capitation refers to a payment arrangement in which healthcare providers… #

In health arbitration, capitation can be a factor in disputes over reimbursement, billing, and insurance claims. Related terms include fee-for-service, managed care, and health insurance. For instance, a healthcare provider may dispute a capitation payment with an insurer.

Case Management refers to the process of coordinating patient care and se… #

In health arbitration, case management can be relevant in disputes over patient safety, quality of care, and medical treatment. Related terms include care coordination, disease management, and patient advocacy. For example, a case manager may be responsible for coordinating care for a patient with a chronic condition.

Certification refers to the process of verifying that healthcare provider… #

In health arbitration, certification can be used as evidence of a healthcare provider's commitment to quality care. Related terms include accreditation, licensure, and regulation. For instance, a healthcare provider may be certified by a reputable organization to demonstrate its commitment to patient safety.

Civil Law refers to the body of law that governs disputes between individ… #

In health arbitration, civil law can be relevant in disputes over medical malpractice, negligence, and patient rights. Related terms include tort law, contract law, and civil procedure. For example, a patient may file a civil lawsuit against a healthcare provider for medical malpractice.

Clinical Guidelines refer to systematically developed statements to assis… #

In health arbitration, clinical guidelines can be used as evidence of the standard of care in disputes over medical treatment and patient safety. Related terms include practice guidelines, treatment protocols, and evidence-based medicine. For instance, a healthcare provider may be found to have deviated from clinical guidelines in treating a patient.

Community Health refers to the health and well #

being of populations, rather than individual patients. In health arbitration, community health can be relevant in disputes over public health policy, health education, and disease prevention. Related terms include public health, population health, and health promotion. For example, a community health organization may advocate for policies to promote healthy behaviors.

Compliance refers to the process of adhering to laws, regulations, and st… #

In health arbitration, compliance can be a factor in disputes over regulatory issues, accreditation, and licensure. Related terms include regulatory compliance, quality assurance, and accreditation. For instance, a healthcare provider may be found to have failed to comply with regulatory requirements.

Conflict of Interest refers to a situation in which an individual's perso… #

In health arbitration, conflict of interest can be a challenge, particularly if arbitrators or healthcare providers have financial ties to pharmaceutical companies or medical device manufacturers. Related terms include bias, impartiality, and disclosure. For example, an arbitrator may be found to have a conflict of interest due to a financial relationship with a pharmaceutical company.

Contract Law refers to the body of law that governs agreements between in… #

In health arbitration, contract law can be relevant in disputes over healthcare contracts, insurance policies, and employment agreements. Related terms include tort law, civil law, and contract interpretation. For example, a healthcare provider may dispute a contract with an insurer over reimbursement rates.

Cost Containment refers to the process of reducing healthcare cost… #

In health arbitration, cost containment can be a factor in disputes over reimbursement, billing, and insurance claims. Related terms include cost control, healthcare finance, and health economics. For instance, a healthcare provider may dispute a cost containment measure with an insurer.

Credentialing refers to the process of verifying the qualifications and c… #

In health arbitration, credentialing can be relevant in disputes over licensure, certification, and privileging. Related terms include licensure, certification, and privileging. For example, a healthcare provider may be found to have failed to credential a physician properly.

Data Privacy refers to the protection of personal health information from… #

In health arbitration, data privacy can be a relevant factor in disputes over confidentiality, informed consent, and patient rights. Related terms include confidentiality, HIPAA, and health information technology. For instance, a patient may claim that a healthcare provider breached their data privacy.

De #

identification refers to the process of removing personal identifying information from health data to protect patient confidentiality. In health arbitration, de-identification can be relevant in disputes over data privacy, confidentiality, and informed consent. Related terms include anonymization, pseudonymization, and data protection. For example, a healthcare provider may be found to have failed to de-identify patient data properly.

Dispute Resolution refers to the process of resolving conflicts or… #

In health arbitration, dispute resolution can involve arbitration, mediation, negotiation, or litigation. Related terms include alternative dispute resolution, conflict resolution, and negotiation. For instance, a patient may use dispute resolution to resolve a conflict with a healthcare provider.

Duty of Care refers to the obligation of healthcare providers to provide… #

In health arbitration, duty of care can be a relevant factor in disputes over medical malpractice, negligence, and patient safety. Related terms include standard of care, breach of duty, and causation. For example, a healthcare provider may be found to have breached their duty of care to a patient.

Education and Training refer to the process of educating healthcar… #

In health arbitration, education and training can be relevant in disputes over informed consent, patient safety, and quality of care. Related terms include health literacy, patient education, and continuing education. For instance, a healthcare provider may be found to have failed to provide adequate education and training to a patient.

Electronic Health Record (EHR) refers to a digital version of a patient's… #

In health arbitration, EHRs can be used as evidence in disputes over medical treatment, patient safety, and data privacy. Related terms include health information technology, medical records, and electronic medical records. For example, a patient may claim that an EHR contains inaccurate information.

Employment Law refers to the body of law that governs the relationships b… #

In health arbitration, employment law can be relevant in disputes over employment contracts, workplace safety, and employee rights. Related terms include labor law, employment contracts, and worker compensation. For instance, a healthcare provider may dispute an employment contract with an employee.

Evidence #

based Medicine refers to the use of scientific evidence to guide medical decision-making. In health arbitration, evidence-based medicine can be relevant in disputes over medical treatment, patient safety, and quality of care. Related terms include clinical guidelines, practice guidelines, and medical research. For example, a healthcare provider may be found to have deviated from evidence-based medicine in treating a patient.

Expert Testimony refers to the opinion or testimony of an expert witness… #

In health arbitration, expert testimony can be used to establish the standard of care, causation, or damages in disputes over medical malpractice or negligence. Related terms include expert witness, medical expert, and testimony. For instance, an expert witness may testify about the standard of care in a medical malpractice case.

Fee #

for-Service refers to a payment arrangement in which healthcare providers are paid for each service or procedure provided. In health arbitration, fee-for-service can be a factor in disputes over reimbursement, billing, and insurance claims. Related terms include capitation, managed care, and health insurance. For example, a healthcare provider may dispute a fee-for-service payment with an insurer.

Health Information Technology (HIT) refers to the use of technology to ma… #

In health arbitration, HIT can be relevant in disputes over data privacy, confidentiality, and informed consent. Related terms include electronic health records, medical records, and health information exchange. For instance, a patient may claim that a healthcare provider breached their data privacy through HIT.

Health Insurance refers to a type of insurance that covers the cost of me… #

In health arbitration, health insurance can be a factor in disputes over reimbursement, billing, and insurance claims. Related terms include managed care, capitation, and health maintenance organization. For example, a patient may dispute a health insurance claim with an insurer.

Health Law refers to the body of law that governs the healthcare industry #

In health arbitration, health law can be relevant in disputes over medical malpractice, patient safety, and healthcare policy. Related terms include healthcare law, medical law, and public health law. For instance, a healthcare provider may be found to have breached health law by failing to comply with regulations.

Insurance Claims refer to requests for payment or reimbursement from an i… #

In health arbitration, insurance claims can be a factor in disputes over reimbursement, billing, and health insurance. Related terms include billing disputes, reimbursement, and health insurance claims. For instance, a patient may dispute an insurance claim with an insurer.

Liability refers to the responsibility of healthcare providers for damage… #

In health arbitration, liability can be a relevant factor in disputes over medical malpractice, negligence, and patient safety. Related terms include malpractice, negligence, and causation. For example, a healthcare provider may be found liable for damages caused to a patient.

Licensure refers to the process of granting permission to healthcare prov… #

In health arbitration, licensure can be relevant in disputes over credentialing, certification, and privileging. Related terms include certification, accreditation, and regulation. For instance, a healthcare provider may be found to have failed to obtain proper licensure.

Malpractice refers to the failure of healthcare providers to meet the sta… #

In health arbitration, malpractice can be a relevant factor in disputes over medical treatment, patient safety, and liability. Related terms include negligence, breach of duty, and causation. For example, a healthcare provider may be found to have committed malpractice by failing to provide adequate care to a patient.

Managed Care refers to a type of healthcare delivery system that emphasiz… #

In health arbitration, managed care can be a factor in disputes over reimbursement, billing, and insurance claims. Related terms include capitation, fee-for-service, and health maintenance organization. For instance, a patient may dispute a managed care decision with an insurer.

Medical Error refers to an adverse event or unexpected outcome of medical… #

In health arbitration, medical errors can be a basis for claims of medical malpractice or negligence. Related terms include adverse event, patient safety, and quality of care. For example, a patient may file a claim against a healthcare provider for a medical error.

Medical Malpractice refers to the failure of healthcare providers to meet… #

In health arbitration, medical malpractice can be a relevant factor in disputes over medical treatment, patient safety, and liability. Related terms include negligence, breach of duty, and causation. For instance, a healthcare provider may be found to have committed medical malpractice by failing to provide adequate care to a patient.

Medical Records refer to the documentation of a patient's medical history… #

In health arbitration, medical records can be used as evidence in disputes over medical treatment, patient safety, and data privacy. Related terms include electronic health records, health information technology, and medical documentation. For example, a patient may claim that their medical records contain inaccurate information.

Mediation refers to the process of resolving disputes through the use of… #

In health arbitration, mediation can be used to resolve conflicts between patients, healthcare providers, and insurers. Related terms include arbitration, negotiation, and alternative dispute resolution. For instance, a patient may use mediation to resolve a dispute with a healthcare provider.

Negligence refers to the failure of healthcare providers to meet the stan… #

In health arbitration, negligence can be a relevant factor in disputes over medical treatment, patient safety, and liability. Related terms include malpractice, breach of duty, and causation. For example, a healthcare provider may be found to have been negligent in treating a patient.

Negotiation refers to the process of resolving disputes through direct co… #

In health arbitration, negotiation can be used to resolve conflicts between patients, healthcare providers, and insurers. Related terms include arbitration, mediation, and alternative dispute resolution. For instance, a patient may use negotiation to resolve a dispute with a healthcare provider.

Non #

maleficence refers to the principle of doing no harm to patients. In health arbitration, non-maleficence can be a relevant factor in disputes over medical treatment, patient safety, and quality of care. Related terms include beneficence, autonomy, and justice. For example, a healthcare provider may be found to have breached the principle of non-maleficence by causing harm to a patient.

Patient Advocacy refers to the process of supporting and promoting… #

In health arbitration, patient advocacy can play a crucial role in ensuring that patients' voices are heard and their rights are protected. Related terms include patient rights, patient autonomy, and self-determination. For instance, a patient advocate may help a patient navigate the healthcare system.

Patient Rights refer to the rights and freedoms of patients to make infor… #

In health arbitration, patient rights can be a relevant factor in disputes over informed consent, medical treatment, and patient safety. Related terms include patient autonomy, self-determination, and informed consent. For example, a patient may assert their patient rights by refusing a particular medical treatment.

Patient Safety refers to the protection of patients from harm or injury r… #

In health arbitration, patient safety can be a relevant factor in disputes over medical malpractice, negligence, and quality of care. Related terms include patient safety initiatives, patient safety protocols, and quality of care. For instance, a healthcare provider may be found to have failed to ensure patient safety by failing to follow safety protocols.

Privileging refers to the process of granting permission to healthcare pr… #

In health arbitration, privileging can be relevant in disputes over credentialing, certification, and licensure. Related terms include licensure, certification, and credentialing. For example, a healthcare provider may be found to have failed to obtain proper privileging.

Quality of Care refers to the degree to which healthcare services meet th… #

In health arbitration, quality of care can be a relevant factor in disputes over medical treatment, patient safety, and patient rights. Related terms include patient safety, patient satisfaction, and health outcomes. For instance, a healthcare provider may be found to have provided substandard care to a patient.

Reimbursement refers to the process of paying healthcare providers for me… #

In health arbitration, reimbursement can be a factor in disputes over billing, insurance claims, and health insurance. Related terms include payment, compensation, and health insurance reimbursement. For example, a healthcare provider may dispute a reimbursement payment with an insurer.

Regulation refers to the process of controlling or directing the behavior… #

In health arbitration, regulation can be relevant in disputes over compliance, accreditation, and licensure. Related terms include regulatory compliance, quality assurance, and accreditation. For instance, a healthcare provider may be found to have failed to comply with regulatory requirements.

Risk Management refers to the process of identifying, assessing, a… #

In health arbitration, risk management can be relevant in disputes over patient safety, medical malpractice, and liability. Related terms include patient safety, quality of care, and risk assessment. For example, a healthcare provider may be found to have failed to implement adequate risk management strategies.

Standard of Care refers to the degree of care or treatment that a reasona… #

In health arbitration, standard of care can be a relevant factor in disputes over medical malpractice, negligence, and patient safety. Related terms include duty of care, breach of duty, and causation. For instance, a healthcare provider may be found to have breached the standard of care by failing to provide adequate treatment to a patient.

Telehealth refers to the use of electronic communication and information… #

In health arbitration, telehealth can be relevant in disputes over access to care, patient safety, and reimbursement. Related terms include telemedicine, remote monitoring, and health information technology. For example, a patient may claim that a telehealth service breached their data privacy.

Tort Law refers to the body of law that governs civil wrongs, such as neg… #

In health arbitration, tort law can be relevant in disputes over medical malpractice, negligence, and patient safety. Related terms include civil law, contract law, and civil procedure. For instance, a patient may file a tort lawsuit against a healthcare provider for medical malpractice.

Utilization Review refers to the process of evaluating the appropr… #

In health arbitration, utilization review can be a factor in disputes over reimbursement, billing, and insurance claims. Related terms include cost containment, managed care, and health insurance reimbursement. For example, a healthcare provider may dispute a utilization review decision with an insurer.

Worker Compensation refers to a type of insurance that provides benefits… #

In health arbitration, worker compensation can be relevant in disputes over workplace injuries, occupational health, and employee rights. Related terms include employment law, labor law, and worker safety. For instance, a healthcare provider may be found to have failed to provide a safe working environment for employees.

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