Współczesne wyzwania mediacji medycznej
Contemporary challenges of medical mediation

Summary/Abstract: In view of the ever-increasing number of disputes over liability for medical errors, the high cost of conducting them, their complexity and the amount of compensation and damages awarded, it is reasonable to analyze the reasons for the very low degree of use of out-of-court dispute resolution methods, including mediation in particular, in Poland. This is because the characteristics of these types of disputes indicate that these ways of resolving them in an appropriately adjusted form could significantly contribute to stabilizing an already difficult situation. The starting point for the considerations undertaken in the article is to indicate the essence of the concept of mediation and its advantages. Then, the specificity of medical mediation and applicable legal regulations were analyzed. The purpose of this article is to show those areas of legal regulations that require changes. Making changes could contribute to the active use of mediation in medical matters, and thus to improving the resolution of disputes regarding liability for medical errors. The task undertaken by the author is mainly achieved through the formal-dogmatic method and the analysis of available statistical data.

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