Mediation - an alternative to litigation in medical malpractice

Abstract

The various expenses incurred in conducting medical practice in South Africa (SA) have become significant cost drivers in our industry. The legal system, based in litigation, has been identified as one of the major factors.  Both the cost of protection against litigation and costs incurred in the defence of a complaint are becoming unaffordable, and in some instances, such as obstetrics, are having a profound and deleterious effect on practitioners’ ability to continue providing this service. We are not alone, as world-wide there is an increasing awareness for seeking alternative dispute resolution mechanisms. Of these, mediation is being promoted as the most cost- and time-efficient system for resolving commercial and medical disputes and complaints. As SA is due to introduce court-annexed mediation in its lower courts, it is timely that we consider embracing it as the preferred option.