Navigating conflict: The role of mediation in healthcare disputes-Reference-Cited by-同舟云学术

Navigating conflict: The role of mediation in healthcare disputes

Published:2023-08-29 Issue: Volume: Page:
ISSN:1477-7509
Container-title:Clinical Ethics
language:en
Short-container-title:Clinical Ethics

Author:

Lindsey Jaime¹^ORCID,Doyle Margaret²,Wazynska-Finck Katarzyna³

Affiliation:

1. Law Department, University of Reading, Reading, UK

2. Law Department, University of Essex, Colchester, UK

3. Independent Researcher

Abstract

Navigating conflict in healthcare settings can be challenging for all parties involved. Here, we analyse disputes about the provision of healthcare to patients, specifically exploring how mediation might be used to resolve disputes where healthcare professionals may disagree with the patient themselves or the patient's family about what healthcare is in the patient's best interests. Despite concerns about compromise over the patient's best interests, there is often room for the parties to come together and think about how the dispute might be resolved in a way that is acceptable to all. It is in this space where mediation might step in. We set out the potential benefits and risks of mediation in this article, and argue that there is a need for clearer, empirically grounded evidence on the use of mediation in healthcare disputes.

Funder

Economic and Social Research Council

Publisher

SAGE Publications

Subject

Philosophy,Issues, ethics and legal aspects,Medicine (miscellaneous)

Link

http://journals.sagepub.com/doi/pdf/10.1177/14777509231196699

Reference52 articles.

1. Although, as has been noted elsewhere, there is an absence of research into patient perspectives, see for example Moreton K. Literature Review: Disagreements in the Care of Critically Ill Children: Causes, Impact and Possible Resolution Mechanisms, April 2023. Available at: https://www.nuffieldbioethics.org/assets/pdfs/Nuffield-Literature-Review-FINAL-Disagreements-in-the-Care-of-Critically-Ill-Children-Causes-Impact-and-Possible-Resolution-Mechanisms.pdf.

2. The new frontline: exploring the links between moral distress, moral resilience and mental health in healthcare workers during the COVID-19 pandemic

3. See for example discussion in relation to children; Moreton K. Literature Review: Disagreements in the Care of Critically Ill Children: Causes, Impact and Possible Resolution Mechanisms, April 2023. https://www.nuffieldbioethics.org/assets/pdfs/Nuffield-Literature-Review-FINAL-Disagreements-in-the-Care-of-Critically-Ill-Children-Causes-Impact-and-Possible-Resolution-Mechanisms.pdf (2023, accessed 12 June 2023). However, it is noteworthy that resort to courts is not needed or utilised in all jurisdictions, see Goold I, Auckland C and Herring J. Medical Decision-Making on Behalf of Young Children: A Comparative Perspective. 1 ed. Oxford: Hart Publishing, 2020.