What is the legal framework for health care dispute resolution?

The legal framework for health care dispute resolution in South Carolina is determined by state statutes and common law. State law provides for a variety of methods, including mediation, arbitration, and litigation. Mediation is a voluntary process in which a neutral third-party mediator helps the parties resolve conflicts and issues. The mediator works to facilitate communication and compromise between the parties, but does not have the authority to make decisions or issue rulings. If the parties reach an agreement, the mediator documents the agreement and the parties can seek enforcement of the agreement through the courts. Arbitration is a process in which a neutral third-party arbitrator hears evidence and arguments from each side and renders a decision. The arbitrator’s decision is usually legally binding, and the parties may be able to seek enforcement of the decision through the courts. Litigation is a process by which parties present their respective cases to a court, and a judge or jury renders a decision. In litigation, the parties typically have the right to appeal to a higher court if they disagree with the decision. In all of these methods of dispute resolution, the parties should work with an experienced attorney to ensure that their rights and interests are properly represented. By consulting an attorney, they can better understand their legal options and pursue the most effective means to resolve their disputes.

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