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Mediation sans litigation in malpractice.
1University of Washington School of Medicine, 9119 Fauntleroy Way S.W., Seattle, WA 98136, USA.
The Journal of Medical Practice Management : MPM
|March 31, 2001
Summary
Malpractice litigation sets practice standards but is costly for physicians. Mediation offers an alternative dispute resolution, but its widespread use is limited by several factors.
Area of Science:
- Medical Law
- Alternative Dispute Resolution
Background:
- Malpractice litigation is perceived as a benchmark for medical practice standards.
- Such litigation incurs significant financial costs through settlements and negatively impacts physicians' careers.
Purpose of the Study:
- To explore the advantages of mediation as an alternative to traditional malpractice litigation.
- To identify the barriers hindering the broader adoption of mediation in resolving medical disputes.
Main Methods:
- Literature review on malpractice litigation and mediation processes.
- Analysis of factors influencing the application of alternative dispute resolution in healthcare.
Main Results:
- Mediation provides a less adversarial path for dispute resolution compared to litigation.
- Several factors impede the extensive implementation of mediation in resolving medical grievances.
Conclusions:
- Mediation presents a viable alternative for addressing medical malpractice claims efficiently.
- Overcoming identified barriers is crucial for increasing the utilization of mediation in healthcare settings.