PROSPECTS OF THE APPLICATION OF MEDIATION IN RESOLVING MEDICAL DISPUTES

Abstract

The purpose of this article is to carry out a comprehensive analysis of foreign and domestic sources, determine the prospects for the use of mediation in the resolution of medical disputes, and develop proposals for improving domestic legislation and introducing mediation into the medical field.

Theoretical (analysis, synthesis, generalization, systematization, etc.) and empirical methods (observation, survey, classification, etc.) were used in the course of the research.

The article analyzes the conflicts that arise in the field of health care between patients and entities providing medical services. It has been proven that such conflicts are often related not only to the legal assessment of the actions of medical professionals, but also to the subjective perception by patients of the results of treatment and the level of attention from the doctor, lack of communication, lack of explanations regarding the diagnosis, methods of treatment and possible risks, the difficulty of establishing a cause-and-effect relationship between medical intervention and harm.

The expediency of using mediation in resolving conflicts in the health care sector has been proven, which enables the health care institution to maintain its reputation and the authority of the management and medical staff, and to satisfy the patient's need for justice. At the same time, both parties save time, money and avoid additional negative emotions.

The advantage of mediation over the traditional judicial method of dispute resolution has been determined due to its confidentiality, flexibility and speed, especially in the context of an overloaded judicial system.

The expediency of developing clear organizational and legal models for the integration of mediation into the internal procedures of medical institutions, special criteria for the selection and training of medical mediators, which should take into account the specific nature of conflicts in the field of health care, is substantiated.

Particular attention is paid to the legal principles of applying the mediation procedure and practical challenges on the way to the implementation of mediation in Ukraine, including the need for specialized qualifications of mediators for the settlement of medical disputes.

On the basis of foreign experience, recommendations have been made regarding the improvement of national regulation and the introduction of mediation in the medical field.

It was concluded that mediation is a promising, interest-oriented tool for reducing conflicts in the health care system, increasing the level of protection of patients' rights, and relieving the burden on the judicial system.