Regrettably, the current regulatory system for medical liability is not yet adjusted to meditation. According to my experience, the patient’s personal address is often very important to the patient.
These in turn are prevented by the Damocles sword of the “breach of obligation” of the liability insurance concluded in the event of damage, to approach the injured party appropriately. The result is a mutually undesirable screw for lengthy disputes with high amounts in dispute.
The psychological component is not sufficiently taken into account, but the costs are immensely driven. Many patients, however, often express a much lower desire for material balance as part of the goal clarification.
If the costs used for the dispute were used more meaningfully, the cost explosion in this area would be avoidable for physicians and insurance companies. For many years now, I have been working for a win-win situation in these conflict situations as well.
But again and again I come across “tough” insurance employees who can only be convinced by a subsequent cost-intensive process. The result is that patients turn to a lawyer need to enforce their legitimate concerns – and that lawyers screw the claims in the amount must, ultimately comes out an acceptable result at trial.
The patient is ultimately left out – of course he takes the money, but the personal apology, the honest effort of the doctor (we are all human and make mistakes) for reparation is missing. Thus, a void remains, the treatment error is handled businesslike and the patient is left alone.
The insurance companies should urgently switch their thinking here and put a stop to this development. It has been known for many years that rapid intervention, good defect management leads to solutions – to cost-effective solutions and to the satisfaction of both sides!
Why not in medical liability cases?
Mediation with an independent mediator immediately on the suspicion of a treatment error should be helpful and useful in many cases.
The Conflict Management Congress, which takes place in Hangover, deals in particular with conflict resolution in the medical field.