Using mediation to resolve clinical negligence

Clinical negligence includes negligence that’s in relation to medication, treatment delays, wrongful diagnosis, dentistry, psychiatry, psychotherapy and counseling. Negligence is a breach of legal duty of care owned to one person by another that results in damage/medical implications to that person.

Clinical negligence cases always have a emotional content which typically lies in the centre of the dispute and has an considerable impact on it. Sensitive management of the mediation process by a skilled mediator means that the patients or their family can talk directly to a healthcare professional or hospital manager in a safe environment for all parties.

Using a mediation service increases scope and possibility for settlement and provides a more dynamic environment to facilitate negotiations. It gives the patients or their family an opportunity to play a role in finding the resolution they need.

Please see our example mediation cases below –

• A claim for care and treatment of a psychiatric patient.
• A claim for loss and injury due to post-operative infection.
• A claim for loss of baby at delivery.
• A claim relating to trauma and infection following abortion.
• A claim involving out-of-hours service and treatment of a cancer patient.
• Claim due to abusive member of staff following death of mother from cancer.
• Dispute between dental practitioner and Primary Care Trust regarding NHS contract and payment.
• Dispute between GP practice and Primary Care Trust regarding payment. -A number of conciliated disputes between patients and primary care providers (GPs and dental practitioners) involving various issues.

For more information on Global Mediation’s clinical negligence mediation service, please contact us.