A study of mediation in cases of medical malpractice finds this approach possible benefits, including lower costs of litigation and a reduction in medical errors. A key ingredient missing, however, is the doctors themselves.
The study, published in the journal of Health Politics, Policy and Law, looked in 31 cases mediation in non-profit hospitals in New York. As defined by the study, mediation is a "conflict voluntary, confidential resolution process in which a third party neutral party, the Ombudsman (or co-mediators), helps the parties to negotiate a mutually acceptable solution."
One of two principal investigators of the co-mediated in almost all cases, and conducted interviews with participants subsequently law students study.
In these cases, 16 were settled at mediation, 5 settled subsequently and 10 have not been settled. While defence counsel are least likely to agree to mediation that counsel for the plaintiff lawyers who engages reported satisfaction with the process, such as "the applicants, the representatives of the hospital and the insurers," the study concluded.
The authors write that in no case have physicians participate in mediation. Lacking some of the possibilities - first "repair the relationship between human beings," it is the doctor-patient (or family of the patient), Carol Liebman, co-author of the study, a Professor of law at the Faculty of Columbia law school mediation clinic Director tells health Blog. " It also misses the opportunity to gather information from patients, families and physicians to fill the empty spaces of what is really past, and if there is an error, how to prevent it from happening once again, she says. Used in the study mediation approach holds that any important information to someone at the table, not only what is legally relevant can be discussed. (The information disclosed during mediation are confidential).
When you do not have the participation of "the person who is involved in these decisions, the day and the day, you get valuable information", Liebman said. "Use of a lawyer is to defend the case not reshape politics." Mediation, says, offers the possibility to improve patient safety in a dispute in a way impossible.
Counsel cited as a pattern of absences physicians complete work schedules, the study found. Liebman believes that many things are underway. "Doctors and nurses care much about their work and they feel horrible when something go wrong", she says. "They want to talk about their patients, but it is not easy to do." They are also probably discouraged from attending by the directors of the hospital and the lawyers who think in advance so that if the case goes to trial.
Doctor health blog readers, never would you consider mediation if involved in a malpractice lawsuit medical?
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