Mediation - an alternative to litigation in medical malpractice

Walters, J

doi:10.7196/samj.8851

Cited by 4 publications

(3 citation statements)

References 9 publications

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“…From those amounts only around 30% to 45% of the money involved in the claim went back to the claimant. In view that most of the medical disputes came from lack of communication as a result of asymmetric information, mediation was found to be the best solution for the disputant to resolve their problems [19]. Amirthakingam in 2017 argued that the use of mediation to settle medical disputes rose the issue of patient autonomy, which at the end will contribute to the improvement of patient safety [20].…”

Section: A Healthcare Disputes Mediation In Several Countriesmentioning

confidence: 99%

Mediation as Toll to Settle Medical Disputes; Indonesian Case

Widjaja¹

2020

Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)

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Health care, including medical services is very complex in practice. It involves many kinds of aspects, such as ethic, dicipline and legal issues, but it only has one objective. It aims for human health. It focuses on patient safety. Patient is the only concerned in health care. It is said that any intervention made in health care must be patient-oriented. However it cannot be denied that many disputes were arosen over the result of medical services. This research explores the possibility of using mediation as as a tool for settling medical disputes in Indonesia. This research is a normative legal research. It conducts literatures review on the prevailing laws and regulations on health care and medical services in Indonesia. This research used secondary data which consist of applicable laws and regulations. Data were analysed using qualitative approach with the purpose to identify and understand the kinds of medical disputes, and the probable methods and ways of settlement that can be used. Data and analysis proved that mediation was the best method and way to settle medical disputes in Indonesia. Not because it was stipulated in the laws and regulations, but it is indeed suitable to Indonesian local culture. Researcher strongly encourages the using of mediation to settle medical dispues in Indonesia.

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Section: A Healthcare Disputes Mediation In Several Countriesmentioning

confidence: 99%

Mediation as Toll to Settle Medical Disputes; Indonesian Case

Widjaja¹

2020

Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)

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“…[4] Mediation can be a successful way to bring two parties together, and there are numerous professional organisations in South Africa that offer an impartial mediation service.…”

Section: What Makes a Good Complaints System?mentioning

confidence: 99%

A good complaints system

Howarth¹,

Tiernan²,

Gillespie³

et al. 2015

S Afr Med J

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“…Walters [5] suggests mediation as an alternative to litigation in medical malpractice, and states the obvious -that healthcare would be much better off if the money spent on the legal process were rather channelled into the healthcare system itself. This realisation has led to pursuit of alternative dispute resolution through arbitration or mediation.…”

Section: '… May We Live In a World Without Lawyers And Court Cases' (mentioning

confidence: 99%

Editor's Choice

Seggie

2014

S Afr Med J

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Immunology underlies most of the biological and clinical disciplines in medicine. This includes autoimmune diseases, infectious diseases and HIV, primary immunodeficiency, cancer and transplantation medicine. Indeed, the formalised use of immunology knowledge, laboratory techniques and targeted immunotherapies in routine clinical practice is now commonplace in much of the world. It is the most rapidly advancing field, and generalists need to keep up with advances in knowledge that impact on patient management. This is the impetus behind this month's CME, entitled 'Updates in immunology and allergy' . The medical community, both clinical and pathology disciplines, can no longer afford to see immunology as a 'black box' discipline irrelevant to day-to-day patient management or only applicable to the uncommon case of immunodeficiency or autoimmune disease. For South African (SA) doctors this means considering immunology beyond HIV medicine. Is it time for immunology in SA, amid competing public health needs, to be established as a distinct specialty or sub-specialty? This issue of CME provides an overview and an update on clinical immunology that will be indispensable to all practitioners.

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Mediation - an alternative to litigation in medical malpractice

Cited by 4 publications

References 9 publications

Mediation as Toll to Settle Medical Disputes; Indonesian Case

Mediation as Toll to Settle Medical Disputes; Indonesian Case

A good complaints system

Editor's Choice

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