Health Care/MPLA

WEST VIRGINIA MEDIATION LAWYER; WEST VIRGINIA ALTERNATIVE DISPUTE RESOLUTION LAWYER; WEST VIRGINIA HEALTH CARE LAW MEDIATOR

Health Care Dispute Resolution

With implementation of its Leadership Standard (LD 01.03.01, effective January 1, 2009) and its Medical Staff Standard (MS 01.01.01, effective March 31, 2011), The Joint Commission requires health care facilities to establish a conflict management process for resolution of conflicts between and among medical staff, medical executive committee and the facility’s governing body.  Mr. Jones is available to serve as an independent neutral in resolving conflicts in a way consistent with the Joint Commission’s standards.  Mr. Jones is also available to consult with those health care facilities who are still working to establish a medical staff conflict management system.

Mr. Jones is also available to provide dispute resolutions services to prevent or resolve litigation between doctors and hospitals and business disputes between current and former medical partners and/or their employees.   Such litigation almost always involves complex factual and medical evidence as well as sensitive, confidential information about patients and the individual medical professionals or entities, and an experienced dispute resolution specialist is well-equipped to help the parties resolve such differences in a professional manner.

Medical Professional Liability (MPLA) Dispute Resolution

Although “medical malpractice” litigation has changed as a result of recent amendments by the West Virginia Legislature to the West Virginia Medical Professional Liability Act (MPLA), such cases continue to be litigated and legal issues continue to arise under the MPLA.  Mr. Jones has the substantive and practical experiences with the MPLA needed to provide effective dispute resolution services in such cases.  Of course, such litigation is also impacted by the roller-coaster of personal emotions; emotions which are sometimes kept private and controlled, but many times are brought to the forefront of the litigation and decision-making process.  Thus, Mr. Jones knows that good mediator of health care litigation matters must not only be knowledgeable about the law and capable of understanding the medical, scientific and economic evidence, but must also have the ability to effectively communicate and allow emotions to be shared in a way that promotes the opportunity for settlement.

Some of these issues are addressed from time-to-time in my blog, Mediating Certainty, where I make posts concerning mediation generally and concerning important West Virginia legal developments.

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