Mediation in Disputes Between Health Care Institutions and Patients Cover Image

Mediacijos taikymas ginčuose tarp sveikatos priežiūros įstaigų ir pacientų
Mediation in Disputes Between Health Care Institutions and Patients

Author(s): Egidijus Langys, Agnė Tvaronavičienė
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law, Health and medicine and law, Welfare services
Published by: Mykolas Romeris University
Keywords: mediation; healthcare facility; patient; disputes between healthcare institutions and patients;

Summary/Abstract: This article analyses the benefits of and perspectives on using mediation in disputes between patients and healthcare facilities in Lithuania. After discussing the main reasons why patients make a decision to litigate, the article deals with the existing procedure for dispute resolution and the benefits of including mediation in it. In the article, significant attention is paid to analysing the meaning of fair disclosure of all circumstances and communication between the parties during dispute resolution.The authors reveal problems with regard to the existing procedure for resolving disputes and recommend possible ways to improve it by including mediation. The conclusions and recommendations made are based on theoretical and empirical research by authors and other scientists, indicating that mediation is a suitable method for resolution in such disputes. It is strongly recommended that existing procedures are amended in Lithuania,through the use of mediation instead of dispute hearings in the form of “mini-trials” in obligatory pre-litigation institutions. Mediation in disputes between patients and their doctors brings parties towards the possibility of communicating directly, asking necessary questions and receiving required answers, as well as working together to find the most mutually suitable ways to resolve disputes, and to restore relationships and trust.

  • Issue Year: 23/2016
  • Issue No: 1
  • Page Range: 108-125
  • Page Count: 18
  • Language: Lithuanian