Question

cenario: A neurosurgeon is claiming injury and damages from a for-profit hospital that notified him that it had denied his hospital admitting privileges. The physician claims the hospital used its peer-review process as a veil to deny access to the hospital and his subsequent ability to perform surgeries. Shortly after, the neurosurgeon began performing surgeries at an academic medical center where he was also named as Chair of Neurosurgery.

The for-profit denies any misuse of its peer-review process and bases its decision on the multiple claims brought by other physicians and patients that the neurosurgeon was over treating patients in order to make more money for himself.

The options for resolving this issue include defending the suit in court, going to arbitration, going to mediation, or structuring a settlement. What are the advantages and disadvantages of each resolution? When addressing the hospital board of directors, what option would you recommend? Why is your recommendation the best option?

Answer 1

• Advantages and Disadvantages of Defending Suit in court: Advantages:1.You will have the ability to receive the full amount of compensation. 2.You will be able to compete the defendant to pay compensation when might not be willing to negotiate a settlement. Disadvantages: 1. You could spend months, even years on a single case. 2. Lawyers fees can add up aswell. GOING TO ARBITRATION: Advantages: 1.The process can be started and resolved quickly 2.No need to wait for court rate. 3. The procedures are generally held in private &parties can agree to help final resolution confidential. DISADVANTAGES: 1.Inability to appeal(As a general and practical rule, thevarbitrators decision cannot be appealed. 2.Lack of formal Discovery: Although the lack of a full fledge formal discovery process in arbitration proceedings may result decreased cost.It can also mean that the parties may not have all of the information necessary to fully evaluvate the case. GOING TO MEDIATION OR STRUCTURING SETTLEMENT: Advantages: 1.In this way there is a impartial third party ( the mediator) that helps both sides reach a reasonablr agreement. 2.Quicker process. 3.Cost Efficient process. Disadvantages: 1.Lack of Formal rules. 2. Which can make it difficult for two disagreeing parties to reach comporomise. RECOMENDATION: I recomend For the Option Mediation or Structuring settlement. Because If we are going to court that may affect the hospital Reputation. So better option is structuring the settlement.It may helps both sides reach a reasonable agreement.It is Faster method also.