Pre-trial dispute settlement
Like any other field, medicine is built on human relationships. Therefore, it is not surprising that conflicts can arise between clients and the healthcare facility.
In this case, almost any dispute can be resolved without a court if professionals are involved in this issue. Thus, in the staff of almost every medical institution there are lawyers who are able to assess not only the legal side of the case, but also the medical one.
Previously, disputes, as a rule, were resolved in court, since often both parties take an unconstructive position and are not inclined to resolve the conflict. Therefore, in most of these cases, negotiations between the participants were impossible. However, today, with the involvement of the mediation institution in resolving the dispute, both parties, reaching a compromise solution, are satisfied with the result. This practice is ensured by the professionalism and experience of the mediator, who is able to bring the conflict between the parties in a constructive direction, thereby reducing the number of litigations in situations where they can be avoided.
Methods for pre-trial dispute settlement
Each dispute in the field of medical services is individual, therefore, while preparing for its resolution, the following algorithm of actions is necessary:
- to analyze the conflict subject, the possibility of pre-trial settlement;
- to consult with a profiled doctor-specialist;
- to develop the tactics for pre-trial dispute settlement;
- to conduct an independent examination of the case of clinical treatment;
- to carry out a mediation procedure for the conflict settlement;
- to develop a profitable solution to the dispute and monitor its implementation.
Any dispute is painful for each of the parties, but the situation is aggravated when it comes to causing harm to health and its severe or inevitable consequences. Applying to the doctor, the patient expects help, however, given the high degree of risk and the many factors that influence the treatment process, complications may arise. Each case is special and extremely delicate for any of the parties, therefore, it requires a constructive solution.
A positive aspect of mediation is also that the dispute settlement is possible in a relatively short period of time with minimal costs, compared to the initiation of judicial red tape. The legislator protects the mediator and, accordingly, the mediation participants.
In addition, Chapter 4 of the Code of Civil Procedure provides for a dispute settlement procedure with the participation of a judge. In particular, it is noted that the settlement with the participation of a judge is carried out with the consent of the parties before the start of the case consideration on the merits. However, the settlement of a dispute with the participation of a judge is not allowed if a third party has entered the case, declaring independent claims on the dispute subject.