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.

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