Hlt 520 lawsuit recommendation paper at grand canyon university
Law Suit Recommendation free sample paper
Scenario: A physician is claiming injury and damages from a hospital that notified him they were not renewing his contract for services provided. The hospital gave him a 4-month notice and stated that they were exercising this right because they wanted the department in which the physician functioned “to go in a new direction.” The physician has filed notice of intention to sue.
Hlt 520 Law Suit Recommendation Paper
1) As the hospital administrator, write a paper (750-1,000-words) that explores the options for defending the suit in court, going to arbitration, going to mediation, or structuring a settlement. Include the pros and cons of each option and end with a recommendation to your board of directors on which avenue to pursue.
2) Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
3) This assignment uses a grading rubric. Instructors will be using the rubric to grade the assignment; therefore, students should review the rubric prior to beginning the assignment to become familiar with the assignment criteria and expectations for successful completion of the assignment
Law Suit Recommendation Paper – Rubric
Less Than Satisfactory
|40.0 % Analyzes a potential lawsuit by a physician, exploring the options to defend the suit, use arbitration, mediation, or a settlement. Develops pros and cons and constructs a recommendation to the organization’s Board.
|Does not demonstrate an understanding of the legal issues surrounding the lawsuit, or the dispute resolution options. Does not demonstrate critical thinking and analysis of the pros and cons, and does not develop a rationale for the recommendation to the board.
|Demonstrates only minimal understanding of the legal issues surrounding the lawsuit, or the dispute resolution options. Demonstrates only minimal abilities for critical thinking and analysis of the pros and cons, and develops a weak rationale for the recommendation to the board.
|Demonstrates knowledge of the legal issues surrounding the lawsuit, and the dispute resolution options, but has some slight misunderstanding of the implications to the scenario. Provides a basic idea of critical thinking and analysis for the pros, cons, and recommendation to the board. Does not include examples or descriptions.
|Demonstrates acceptable knowledge of the legal issues surrounding the lawsuit, and the dispute resolution options (in your own words). Describes the pros and cons, and develops an acceptable rationale for the board recommendation. Utilizes some examples.
|Demonstrates thorough knowledge of the legal issues surrounding the lawsuit, and the dispute resolution options (in your own words). Clearly describes the pros and cons of the options and develops a very strong rationale for the recommendation to the board. Introduces appropriate examples.
HLT 520 GCU Week 2 Assignment – Law Suit Recommendation Paper
|5.0 % Research Citations (In-text citations for paraphrasing and direct quotes, and reference page listing and formatting, as appropriate to assignment and style)
|No reference page is included. No citations are used.
|Reference page is present. Citations are inconsistently used.
|Reference page is included and lists sources used in the paper. Sources are appropriately documented, although some errors may be present
|Reference page is present and fully inclusive of all cited sources. Documentation is appropriate and citation style is usually correct.
|In-text citations and a reference page are complete and correct. The documentation of cited sources is free of error.
|5.0 % Paper Format (Use of appropriate style for the major and assignment)
|Template is not used appropriately, or documentation format is rarely followed correctly.
|Appropriate template is used, but some elements are missing or mistaken. A lack of control with formatting is apparent.
|Appropriate template is used. Formatting is correct, although some minor errors may be present.
|Appropriate template is fully used. There are virtually no errors in formatting style.
|All format elements are correct.
|30.0 % Integrates information from outside resources into the body of paper.
|Does not use references, examples, or explanations.
|Provides some supporting examples, but minimal explanations and no published references.
|Supports main points with examples and explanations, but fails to include published references to support claims and ideas.
|Supports main points with references, explanations, and examples. Analysis and description is direct, competent, and appropriate of the criteria.
|Supports main points with references, examples, and full explanations of how they apply. Thoughtfully, analyzes, evaluates and describes major points of the criteria.
|20.0 %Organization and Effectiveness
|8.0 % Argument Logic and Construction
|Statement of purpose is not justified by the conclusion. The conclusion does not support the claim made. Argument is incoherent and uses noncredible sources.
|Sufficient justification of claims is lacking. Argument lacks consistent unity. There are obvious flaws in the logic. Some sources have questionable credibility.
|Argument is orderly, but may have a few inconsistencies. The argument presents minimal justification of claims. Argument logically, but not thoroughly, supports the purpose. Sources used are credible. Introduction and conclusion bracket the thesis.
|Argument shows logical progression. Techniques of argumentation are evident. There is a smooth progression of claims from introduction to conclusion. Most sources are authoritative.
|Clear and convincing argument presents a persuasive claim in a distinctive and compelling manner. All sources are authoritative.
|7.0 % Assignment Development and Purpose
|Paper lacks any discernible overall purpose or organizing claim.
|Thesis and/or main claim are insufficiently developed and/or vague; purpose is not clear.
|Thesis and/or main claim are apparent and appropriate to purpose.
|Thesis and/or main claim are clear and forecast the development of the paper. It is descriptive and reflective of the arguments and appropriate to the purpose.
|Thesis and/or main claim are comprehensive. The essence of the paper is contained within the thesis. Thesis statement makes the purpose of the paper clear.
|5.0 % Mechanics of Writing (includes spelling, punctuation, grammar, language use)
|Surface errors are pervasive enough that they impede communication of meaning. Inappropriate word choice and/or sentence construction are used.
|Frequent and repetitive mechanical errors distract the reader. Inconsistencies in language choice (register), sentence structure, and/or word choice are present.
|Some mechanical errors or typos are present, but are not overly distracting to the reader. Correct sentence structure and audience-appropriate language are used.
|Prose is largely free of mechanical errors, although a few may be present. A variety of sentence structures and effective figures of speech are used.
|Writer is clearly in command of standard, written, academic English.
|100 % Total Weightage
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See Below Law Suit Recommendation Free Sample Paper
Paper Type: Term Paper
Course Level: Master
Subject Area: Nursing
# Pages: 4
Conflicts are not only common in the business sector, but they also occur in the healthcare industry, especially between hospitals and their employees. In most cases, parties involved in a dispute find it appropriate to resolve their disagreements in court. However, contemporary public administrators frequently resort to extra-judicial approaches to conflict resolution because they are more convenient and time-saving (Davide, Paulo, & Jose, 2014). The advantages and disadvantages of a given strategy often determine whether it will be chosen by the parties involved in a conflict as their best method of dispute resolution. Whether a given case will end peacefully depends on the appropriate selection of an approach to file the lawsuit.
In the given scenario, a physician feels that he has been unlawfully terminated by a hospital that has failed to renew his indenture for the healthcare services offered. 4 months prior to his termination, the facility had issued the incumbent with a notice stating reasons why the agreement cannot be renewed. In the notification, the organization stated that it was planning to make significant reforms in the department where the practitioner functioned. The physician is threatening to sue the organization for illegal termination. Mediation, arbitration, defending the suit in court, and structuring a settlement are some of the dispute resolution methods that the hospital administrator can use to end the case amicably. Law Suit Recommendation free sample paper
The hospital administrator can decide to defend the suit in court as opposed to using alternative methods of conflict resolution. In order to succeed with the approach, there must be specific legislation or policy that will act as the focus of the defense. Using the court to resolve the conflict is associated with some pros and cons. The primary advantage of the strategy is that the hospital administrator will have the case reviewed by professional attorneys who will be able to give a final judgment based on the terms documented in specific labor laws or policies. Additionally, fairness during decision-making will be maximized if the matter is settled in court. However, defending the suit in court is disadvantageous in this case because it is time-consuming and costly, and it may generate additional conflicts that did not exist initially.
Apart from using the court, the hospital administrator can resort to alternative methods of conflict resolution such as arbitration. When the named method is selected, the physician and the hospital will submit their dispute to one or more arbiters who will make the final decision that will act as the binding judgment. Arbitration has pros and cons that both parties need to understand (Phillips, 2011). For instance, the subjects will have an opportunity to decide how they wish to conduct the entire process. In addition, unfairness is decision-making is eliminated because the parties can use substantive knowledge to select the arbiter. Moreover, arbitration is characterized by quick resolution of disputes and confidential proceedings. Furthermore, the final decision made in arbitration is often in accordance with the wishes of the parties involved, which makes it obligatory. However, the disadvantages of arbitration include lack of confidentiality, the uncertainty of outcome, and limited right of appeal. Again, the hospital administrator should note that the proceedings of arbitration may be affected by poor cooperation between the parties and that its success largely depends on the arbiter (Phillips, 2011).
Mediation is the other method of conflict resolution that the hospital administrator can consider. According to Orlando (2017), mediation is almost similar to arbitration with the only difference being that in the former approach, the mediator does not make the final decision. Rather, he or she acts as a neutral third party who supervises the exchange of information between the differing subjects. Essentially, the mediator helps to resolve the existing dispute by framing issues and interpreting concerns to help the parties arrive at an agreement. Mediation has got several advantages and disadvantages. For instance, the method is quick and easy to implement, confidentiality is enhanced, it tightens the relationship between the parties in a conflict, there is a high degree of control by the subjects, it is characterized by maximum flexibility during proceedings, and it allows crafting of agreements based on legal standards. However, the disadvantages of mediation include; that parties may choose to withdraw from the relationship, it does not yield legal precedents, subjects lack bargaining authority, and the outcome may be ruined by an imbalance of power between the rival groups (Orlando, 2017).
Besides, the hospital administrator can opt to restructure a settlement in order to end the current case peacefully. In this approach, the organization can choose to settle the injury caused periodically instead of paying it in a lump sum. It is important to note that the physician was not prepared for the termination, and he may want his employer to pay for the damage caused as fines (Baxter, 2016). Instead of going to the courts, the parties can structure the settlement in a manner that both of them will find suitable. Prior to selecting this method of conflict resolution, the subjects must be aware of its associated advantages and disadvantages. Its pros include; a high certainty of payment within a defined period of time, an organized settlement, and suitable for use by parties who are located in different locations. One of the cons is that the payments may be affected by changes in the economy. Besides, the hospital may be reluctant to disclose the actual amount it will pay, and this may minimize transparency (Baxter, 2016). Law Suit Recommendation free sample paper
The board of directors should use mediation to resolve the conflict and to prevent the physician from developing a negative attitude towards the hospital. The rationale for selecting mediation is that involving a neutral third party in the dispute will facilitate its quick resolution. This will be possible because the mediator will ensure that the parties engage in meaningful discussions that can generate positive outcomes. Moreover, the mediator will help to interpret the concerns of the parties and to frame complex issues clearly in a manner that will result in a peaceful solution of the problem (Davide, Paulo, & Jose, 2014). The court might not be appropriate in this case because it will be expensive and may consume a lot of time. Again, arbitration may not favor both parties because the arbitrator may make a decision that does not please either of the subjects. Furthermore, if structuring a settlement is chosen, the hospital may incur unexpected losses as it may be difficult to calculate the actual payments that the physician should receive (Orlando, 2017). Therefore, the only option left is mediation. The board of directors should initiate the process of dispute resolution as soon as possible to avoid inconveniencing the physician even further.
References: Law Suit Recommendation Free Sample Paper
Baxter, S. (2016). Structuring your settlement: A guide to structured settlements in Canada. Retried from https://baxterstructures.com/pdf/Guide%20to%20Structure%20Settlements.pdf
Davide, C., Paulo, N., & Jose, N. (2014). Conflict resolution and its context: From the analysis of behavioral patterns to efficient decision-making. Law, Governance and Technology Series, 18(1), 1-279.
Orlando, A. (2017). Advantages and disadvantages of conflict resolution processes. Retrieved from https://www.blaney.com/sites/default/files/other/adr_advantages.pdf
Phillips, J. R. (2011). Mediation, arbitration, litigation: Benefits and risks. Retrieved from http://c.ymcdn.com/sites/www.iamed.org/resource/collection/F9CD553F-4B30-479E-965B-8DEAE13F1C6A/Mediation_Arbitration_Litigation.pdf