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Mediation in Healthcare: Enhancing Conflict Resolution Between Patients and Physicians Beyond the Courtroom.
Cureus
December 2024
Social Medicine and Public Health, Medical University of Plovdiv, Plovdiv, BGR.
Healthcare is defined by rapidly advancing technologies and increased patient expectations, resulting in frequent disagreements between patients, their families, and medical practitioners. Historically, these conflicts have been settled through the adversarial court system, which frequently fails to produce equitable results due to unequal legal representation, procedural difficulties, and other shortcomings. This analysis investigates mediation, a type of Alternative Dispute Resolution (ADR), as a viable option for addressing healthcare disputes.
View Article and Find Full Text PDFObjectives: The 2022 US Supreme Court decision dramatically shifted the legal landscape in health care, leaving state legislatures to redefine the ethics of medical practice. As gold-standard medical procedures become banned and criminalized, physicians are facing heightened legal uncertainty and grappling with moral dilemmas of where and how to practice. This study aimed to quantitatively assess trends in legal concern among medical students and identify correlations with decision making regarding future medical training.
View Article and Find Full Text PDFThe forensic medical evaluation of medical malpractice claims in the field of medical pathology.
Forensic Sci Med Pathol
January 2025
Department Forensic Medicine, School of Medicine, University of Marmara, Istanbul, Turkey.
Just like in other medical specialties, medical malpractice claims arise in pathology as well. Although the exact rate of malpractice related to pathology cannot be clearly stated in Turkey, it is known to occur more frequently during the diagnosis stage, as reported worldwide. This study discusses the measures that should be taken to prevent these claims by comparing cases with alleged malpractice in pathology, evaluated by the Council of Forensic Medicine, with the literature.
View Article and Find Full Text PDFIntractable conflicts over end-of-life decisions: A descriptive and ethical analysis of French case-law.
Anaesth Crit Care Pain Med
December 2024
Centre de Recherche des Cordeliers, Sorbonne Université, Université, Paris Cité, Inserm, Laboratoire ETREs, Paris, France; Unité Fonctionnelle d'Ethique Médicale, Hôpital Necker-Enfants malades, AP-HP, Paris, France.
Context: In European and Anglo-Saxon countries, life-sustaining treatment (LST) limitation decisions precede more than 80% of ICU deaths. However, there is now increasing evidence of disagreement and conflict between clinical teams and family members over LST limitation decisions. In some cases, these conflicts are brought to the courts.
View Article and Find Full Text PDFProtecting Distress Migrants' Right to Health in Ecuador: Are Legal Commitments Being Fulfilled?
Health Hum Rights
December 2024
Associate professor in the Department of Health Promotion and Policy at the University of Massachusetts Amherst School of Public Health and Health Sciences, Amherst, United States.
Article Synopsis
- Ecuador's legal framework aims to ensure equitable health care access, but gaps remain due to the influx of nearly 500,000 Venezuelan migrants.
- A study involving interviews with key stakeholders revealed systemic obstacles, such as documentation requirements and discriminatory practices, that hinder distress migrants' access to health services.
- The analysis of a Constitutional Court case highlights the potential for judicial actions to improve health rights for these migrants, emphasizing the need for more comprehensive strategies to address their unique challenges in Ecuador's health system.
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