Essay on "Consumer Mediation"
Essay 3 pages (1133 words) Sources: 0
[EXCERPT] . . . .
Medical MalpracticePlayers: Attorney for the doctor, attorney for the plaintiff and conflict resolution professional.
The plaintiff claims that he was sent home with a bowel obstruction after surgery in September. This obstruction developed into a near-fatal fistula. The plaintiff also claims that the doctor failed to act on the X-ray information that revealed the obstruction and sent the plaintiff home earlier than was wise.
The doctor claims that she followed all the proper procedures. The doctor claims that the plaintiff should have told the doctor of the uncomfortable feeling as soon as it occurred. Instead, the plaintiff told the plaintiff's partner but not the doctor. The doctor believed that the plaintiff's not telling the doctor allowed the condition to become critical and that, therefore, the doctor owes the plaintiff nothing.
You are the resolution professional.
Sometimes the simple statement 'I'm sorry' can heal the divide that exists between an aggrieved patient and a physician accused of misconduct. However, in this instance, there is great uncertainty about the facts of the case. The doctor claims to have followed all proper procedures. But even if the patient did not express discomfort, it is questionable that no evidence of the patient's fistula was evident on the patient's X-rays. An objective, qualified third party should be called in to give an assessment of the evidence that was presented to the doctor, to determine if the doctor had enough evidence to identify the fistula before the situation became critical. A determination must also be made if the delay had a significant impact upon t
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More difficult to interpret is the patient's interactions with the doctor. If the doctor did not probe the patient and ask him if the patient felt discomfort, the patient may have thought the sensation was not relevant and not wished to bother the doctor. Talking to each party individually to determine to what degree the physician asked questions and showed concern for the patient would seem the best way to discern the amount of subjective knowledge the doctor had about the patient's pain. Then, upon considering the medical information, the resolution professional should suggest a possible settlement for the matter, to avoid a protracted medical malpractice suit for both patient and doctor.
Scenario 4 Love in the office.
Players: Bob, Ted, Carol and Alice
Ted is friends with co-workers Carol and Alice. Ted is such a good friend with Carol; he knows the intimate details of her romantic life. Carol is dating another person in the office. When Ted walks by Carol's computer, he notices that she left open an e-mail message that Carol meant to send to her co-worker/lover. The message proposes romantic activities that evening. Thinking that both Carol and Alice will find it amusing, Ted sends Carol's message to Alice. Not only do they think it is amusing, they file a complaint with supervisor Bob.
You are Bob and call a meeting with Ted, Carol and Alice.
Appropriate behavior regarding sexual matters should be clearly outlined in all company materials. At an EEOC-compliant company, even the appearance of harassment should be avoided. All employees should also be familiar with federal guidelines prohibiting harassment, which includes harassment that contributes to a hostile workplace environment. A hostile workplace environment might include having inappropriate pictures prominently displayed, or inappropriate emails being sent in a work context. In this instance, Ted's actions were clearly… READ MORE
Quoted Instructions for "Consumer Mediation" Assignment:
INSTRUCTIONS: Write 200+ words on 3 of the 5 scenarios listed below. Tell what conflict resolution technique or combination of techniques you might use, types of questions you might ask and how you would conduct your business.
Criteria graded:
Grasp of scenarios.
Critical Thinking.
Writing
SCENARIO 1 Medical Malpractice
Players: Attorney for the doctor, attorney for the plaintiff and conflict resolution professional.
The plaintiff claims that he was sent home with a bowel obstruction after surgery in September. This obstruction developed into a near-fatal fistula. The plaintiff also claims that the doctorfailed to act on the X-ray information that revealed the obstruction and sent the plaintiff home earlier than was wise.
The doctor claims that she followed all the proper procedures. The doctor claims that the plaintiff should have told the doctor of the uncomfortable feeling as soon as it occurred. Instead, the plaintifftold the plaintiff*****'s partner but not the doctor. The doctor believed that the plaintiff*****'s not tellingthe doctor allowed the condition to become critical and that, therefore, the doctor owes the plaintiff nothing.
You are the resolution professional.
Scenario 2: Nursing home
Players: Nursing home administrator, family member, conflict resolution professional.
A family member arrives at the Sunset Nursing home to visit his mother who lives there. The son discovers that mom*****'s call bell is *****"out of reach.*****" Plus mom is *****"dirty.*****" The son gets very upset believing that evidence shows a pattern of ill treatment despite the fact that the family pays *****"good money*****" for Mom*****'s care. When the son asks the Mom about the call bell, Mom says that the nurse on duty placed it there because mom was *****"bothering*****" the nursing staff. It is possible that Mom may be in the early stages of dementia.
You are the conflict resolution professional.
Scenario 3 New Supervisor
Players: Supervisor, employee, conflict resolution professional.
Employee: *****"You have left me high and dry for the third time,*****" shouts the employee, storming into the supervisor*****'s office and slamming the door.
The supervisor replies: *****"You must realize thast I*****'m not like your previous boss. You have to adapt to new ways of working.*****"
Notes about the supervisor:
Just promoted and getting to know the job.
Some of the employees who report to you expect you to behave just like your predecessor, who had been a supervisor for 20 years.
Working long days and on the brink of exhaustion.
Notes about the employee:
Under pressure to complete many projects.
Could barelly manage under former supervisor, who realized employee as a star player in the companyand supported employee completely.
The new boss lacks experience and does not seem to understand that employee works hard and that employees need boss*****' support when controversies occur.
You are the conflict resolution professional.
Scenario 4 Love in the office.
Players: Bob, Ted, Carol and Alice
Ted is friends with co-workers Carol and Alice. Ted is such a good friend with Carol; he knows the intimate details of her romantic life. Carol is dating another person in the office. When Ted walks by Carol*****'s computer, he notices that she left openan e-mail message that Carolmeant to send to her co-worker/lover. The message proposes romantic activities that evening. Thinking that both Carol and Alice will find it amusing, Ted sends Carol*****'s message to Alice. Not only do they think it is amusing, they file a complaint with supervisor Bob.
You are Bob and call a meeting with Ted, Carol and Alice.
Scenario 5 Parking Dispute
Bert and Ernie live in the same condomnium building, which has an owner*****'s association and a resident manager. Each condo owner gets one parking space, but the spaces are not assigned.
Bet*****'s perspective.
For some reason, Ernie doesn*****'t respect Bert. That latest episode of this is that Ernie shoveled all the snow from one parking space where Bert is parked, patially covering Bert*****'s car. Bert races out and politely asks Ernie to stop his actions and shovel the offending snow off his car. Ernie laughs and sticks the shovel in the snow ordering Bill to start shoveling. When Bert refuses, Ernie loses it and starts yelling and attracting attention. Finally, the manager comes out and demands that both go to mediation.
Ermnie*****'s perspective
Ernie is fed up with Bert. Each time it snows, Ernie shovels a parking spot for his car. You see Bert peeking out the window. As soon as Ernie drives away, Bert runs down and moves his car into the newly shoveled space. This time Ernie shovels all the snow into the space where Bert*****'s car is parked partially covering his car. Bert comes running out, spewing obscentities at Ernie. Ernie said he wants to watch Bert to shovel for a change. As the agument grows louder, the manager comes out and demands that both go to mediation.
You are the conflict resolution professional.
PLEASE ADDRESS THE 3 CHOSEN ISSUES SEPARATELY.
How to Reference "Consumer Mediation" Essay in a Bibliography
“Consumer Mediation.” A1-TermPaper.com, 2011, https://www.a1-termpaper.com/topics/essay/medical-malpractice-players-attorney/28930. Accessed 5 Oct 2024.
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