Mediation: an ideal alternative in healthcare disputes

IT is a common misconception that patients who sue for medical malpractice are out to punish the doctor, get their money back, or both. While there are certainly a few patients who have financial considerations, studies in the UK and the US suggest that money is often not the main goal. In New Zealand, only 25.6 per cent of complainants filed a compensation claim, according to the journal article "Accountability sought by patients following adverse events from medical care: the New Zealand experience" published in the Canadian Medical Association Journal in 2006.

In fact, many patients just want to have matters explained clearly and to be treated with respect and empathy. In a case I mediated three years ago, all the patient wanted was a simple "sorry" from the doctor to bring closure to the dispute.

Sorry can often be the hardest word to say, however, especially for doctors who are afraid that it will be used against them in court as an admission of guilt. In such cases, doctors and patients should consider mediation, a confidential and informal process where open communication is encouraged and misunderstandings can be put to rest.