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81 St. John's L. Rev. 173 (2007)
Beyond IDR: Resolving Hospital Disputes and Healing Ailing Organizations through ITR

handle is hein.journals/stjohn81 and id is 177 raw text is: BEYOND IDR: RESOLVING HOSPITAL DISPUTES AND HEALING AILING ORGANIZATIONS THROUGH ITR ORNA RABINOVICH-EINYt I. INTRODUCTION In early July of 2006, yet another scandal regarding professional and ethical standards in Israeli hospitals broke out: it was revealed in Haaretz, Israel's most influential newspaper, that a series of experiments in women and the elderly were conducted at several major Israeli hospitals without obtaining patient informed consent and approval by the appropriate authorities.' A couple of weeks earlier, the same paper published a cover story in its weekend magazine on allegations of medical malpractice in the treatment given to the wife of a senior physician at the hospital where he works.2 The incident was followed, he claimed, by a series of cover-ups and attempts to silence discussion of what had happened. He now walks the corridors of his hospital feeling that he must speak up against what he perceives as the systematic cover-up of medical malpractice cases and the absence of any effort to learn from past mistakes.3 t Assistant Professor of Law, Faculty of Law, Haifa University. I would like to thank Faina Milman, Sagit Mor, and Talia Fisher for their comments and support and the participants of the conference on Transatlantic Perspectives on ADR (July 26-28, 2006) for their input. I am also thankful to Professor Susan Sturm who introduced me to the complexity and potential of IDR. A final thanks goes to Noam Mastboim for her research assistance, This paper is part of a larger project, which is generously funded by a Marie Curie International Reintegration Grant under the European Commission's Sixth Framework Programme. The views presented in this paper are my own, and the European Commission is not liable for any use that may be made of the information contained herein 1 See Ran Resnik, Illegal Experiment in Dozens of Women with Diabetes Conducted in Meir Hospital, HAARETZ, July 5, 2006, at 5. 2 See Ran Resnik, Doesn't Believe in Doctors, HAARETZ, June 23, 2006, at 11. 3 See id. 173

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