Особливості процедури медіації у врегулюванні медичних конфліктів

Abstract

Проаналізовано теоретико-правові підходи до визначення поняття «медіація». Досліджено основні ознаки медіації як альтернативного способу вирішення спорів. Розглянуто особливості процедури медіації у врегулюванні медичних конфліктів.

In the scientific article theoretical and legal approaches to essence of notion of «mediation» are analyzed. The basic signs of mediation as an alternative method of decision of disputes are explored. The features of procedure of mediation at the settlement of medical conflicts are considered. It is marked, that medical activity is a difficult legal category, as it includes various professional activity after the giving of medicare. At the same time the specific of medical activity is conditioned by the limited possibilities of medicine, and individual features of organism of patients. In case of dissatisfaction by medicare the difficulties of co-operation between a doctor and patient, which find the expression in distortion of perception of situation, understanding and estimation of information, take place, in the end, in competitive co-operation of doctor and patient, up to confrontation. The conflict related to the grant of medical favour must be understood as the violation by a side (by sides) realized or unrealized, as a result of action or inactivity, rights and interests of subjects foreseen and guarded by the proper legislation social and/or economic, related to the grant of medical services. Mediation in medical disputes it is needed to examine as an alternative method of decision of disputes, by means of which there is possibility to regulate the vexed questions between patients, and medical establishments (or directly by doctors) with participation of skilled mediator which comes forward as an independent and impartial person. The process of mediation in the field of health protection has the row of features among which, in particular, knowledge of psychological features of patients, features of flow of certain types of diseases, rule of conduct of primary medical document and observance of professional ethics.