Mediation as an Effective Mechanism for Resolving Disputes Caused by Medical Errors

Abstract

Background: Medical disputes arising from medical errors or medical negligence are complex and sensitive situations in the field of healthcare. In this regard, there is a need for effective mechanisms for the settlement of such conflicts, which would not only ensure justice but also contribute to the quick and effective resolution of disputes. Aim & Objectives: The purpose of this study is to analyze the peculiarities of using mediation in the resolution of medical disputes, as well as to determine the effectiveness of this approach in the framework of medical errors. The main objectives include the analysis of statistics of medical errors, the study of the civil and criminal nature of such errors, the determination of the advantages and disadvantages of the mediation process in this category of disputes, as well as the assessment of the effectiveness of restorative justice and mediation in the resolution of medical disputes. Methods: To achieve the set goals, such research methods as analysis of the regulatory and legal framework, comparative legal analysis, system-structural method, logical methods (analysis, synthesis, generalization), dialectical method, and dogmatic method were used. Results: The analysis results show that mediation is an effective tool in settling medical disputes. In particular, it contributes to reducing social tension and forming a non-conflict environment even under challenging conditions, such as the legal regime of martial law. Conclusion: The conclusion noted that mediation is essential in conflict situations caused by medical (medical) errors. It turns out to be an effective tool in resolving medical disputes, contributing not only to the fair resolution of conflicts but also to creating a favorable environment for all parties.