Mediation in hospital

Trainee : During my last internship, I was confronted with the death of a patient. His family wanted to know what went wrong, and was threatening to bring the case to court. It was so stressful, all the more that I had no idea on the subject. But I heard that there’s what we call mediation in case of prejudice for something users believe they have been subject to.

Staff : Yes, that’s right. The patient, or his legal representatives, can express his views and grievances before a commission for relations with the users, and request compensation for harm to which he believes he has undergone, within the context of an amicable settlement procedure for disputes or before the court.

Trainee : In what legal context does mediation apply ?

Staff : The commission considers the users’ rights and facilitates the administrative procedures. It also examines the complaint first in a context of internal administrative appeal or inform the user of the remedies, namely through court proceedings or as a complaint to the ombudsperson.

Trainee : Who sits in the commission ?

Staff : Usually, the president is the director of the healthcare institution or his representative. There are two mediators  : a doctor and someone from the civil society. Both, or their substitutes, are nominated by the president of the commission. Two user representatives, or their substitutes, are chosen by the director from a list proposed by specialized organizations.

Trainee : What cases require a mediator at hospital and how is the procedure carried out ?

Staff : In case of a complaint addressed to the faci lity director or his representative, the latter acknowledges receipt of it. He informs the plaintiff of the possibility to summon the mediator for administrative or medical reasons, whether it’s a medical error, iatrogenic illness or nosocomial infection. The mediator then writes a report to the hospital’s president. Then, based on this report, the commission gives recommendations to inform the user on the different remedies and procedures as well as propositions to settle the grievances.

Trainee : Can the user refer to the mediator for prejudice concerning a medical procedure ?

Staff : Yes ! That’s what I’ve just said. After the meeting with the user or his legal representative, the mediator asks to consult the patient’s record and delivers all necessary information for the entire and clear comprehension of the case. He also mentions the possibility of an internal appeal for the compensation of the prejudice from the hospital insurance on the basis of amicable settlement.

Trainee : And this is done orally ?

Staff : Oh, no ! A medical expertise is systematically and independently done. This expertise is, however, at the user’s expense if required by him, whether directly from an expert or from the tribunal. If the institution is sentenced, the judge can ask for the expenses to be paid by the institution.