Medical Negligence Claims
Mediation is introduced to assist when a conflict or dispute arises, an independent person gets involved to facilitate conversation between the parties. The process is voluntary, confidential and “without prejudice” so nothing that is said or conceded can be used in court later. It offers a safe space for the parties, with the assistance of a mediator they discuss their concerns and interests.
In mediation, it can take just one day to generate agreement, with immediate benefits for all parties concerned. Mediation is seen as a faster approach as opposed to litigation, which can take up to seven times longer to resolve. Mediation also aids in the process of healing the broken doctor and patient relationship.
During a mediation process, all discussions, concessions, agreements and negotiations are confidential, none of these discussions are binding until such time that it is reduced to writing and signed by both parties.
Medical negligence/malpractice cases have a negative impact on doctors and health care practitioners. There are fewer practitioners that are sufficiently insured or insured at all. Most Practitioners fear claims against them, which results in doctors being overly cautious, often ordering unnecessary medical tests to confirm their diagnoses, which not only results in increased medical costs for patients, but ironically also give rise to further possible scenarios for malpractice claims – and so the increase in litigation cycles on.
Mediation has been used to settle medical disputes in the United Kingdom, the United States and Canada for years. But in South Africa, the field of medical negligence mediation is new and we have no blueprint to advance it.
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Medical Negligence Claims
Mediation is introduced to assist when a conflict or dispute arises, an independent person gets involved to facilitate conversation between the parties. The process is voluntary, confidential and “without prejudice” so nothing that is said or conceded can be used in court later. It offers a safe space for the parties, with the assistance of a mediator they discuss their concerns and interests.
In mediation, it can take just one day to generate agreement, with immediate benefits for all parties concerned. Mediation is seen as a faster approach as opposed to litigation, which can take up to seven times longer to resolve. Mediation also aids in the process of healing the broken doctor and patient relationship.
During a mediation process, all discussions, concessions, agreements and negotiations are confidential, none of these discussions are binding until such time that it is reduced to writing and signed by both parties.
Medical negligence/malpractice cases have a negative impact on doctors and health care practitioners. There are fewer practitioners that are sufficiently insured or insured at all. Most Practitioners fear claims against them, which results in doctors being overly cautious, often ordering unnecessary medical tests to confirm their diagnoses, which not only results in increased medical costs for patients, but ironically also give rise to further possible scenarios for malpractice claims – and so the increase in litigation cycles on.
Mediation has been used to settle medical disputes in the United Kingdom, the United States and Canada for years. But in South Africa, the field of medical negligence mediation is new and we have no blueprint to advance it.