MEDIATION IN HEALTHCARE

A recent study published in the online medical journal CUREUS identified poor communication as the most common cause of conflict between physicians and patients, particularly the quality of information provided by doctors.

Physicians who are perceived to be rude and disrespectful are more likely to be sued. Patients are more likely to sue if they feel the information provided is inadequate, they feel neglected, and if their concerns weren’t addressed.

Patients and families under stress may resort to litigation and be surprised by the costs. That’s because legal fees can exceed $100,000. And perhaps more surprising is that 86% of medical malpractice actions against doctors are resolved in the physician’s favor and only 1% in the patient’s or their family. Overall legal expenses in the U.S. exceed $55 billion annually. Some studies suggest physician’s fear of lawsuits has resulted in unnecessary tests and treatments, more hospital admissions, and more referrals.

Mediation offers a cost effective process, as well as providing a way to offer communication between participating parties. Attorney preparation time for a trial can exceed 36 hours compared to an average of 2.5 for a mediation. Jury Verdict Research estimates that resolving conflicts before going to court saves an average of $50,000 in litigation expenses.

More importantly, mediation provides the opportunity for open and confidential communication, explanations, mutual regrets, empathy and sympathy, forgiveness, and restoration of relationships. In mediation the doctor can speak more openly in stark contrast to what would happen in litigation. Some studies suggest that satisfaction with the mediation process can reach 90%.

Better and less expensive medicine can be achieved in the U.S. by utilizing mediation.

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Fred Jandt is the author of several books, including his latest, “How To Survive a Mediation.”