Posted on October 20, 2019 at 4:00 AM
Caitlin McClay has just published “Mediation in Medical Treatment: A More Effective Way to Manage Disputes” in the Catholic University Law Review. Here is the relevant part of the abstract.
Most states and hospitals have a dispute resolution process that takes place within the hospital before turning to the court. The hospital’s dispute resolution is often ineffective because the surrogate decision maker lacks medical knowledge, does not understand the decision making process, or has come to distrust and resent the doctors and hospital.
This Comment proposes that a mediator unaffiliated with the hospital would be more effective resolving disputes. A third-party mediator is able to remedy the power imbalances between the doctors and family, and is able to provide a neutral ground to discuss the treatment plan.
Maximizing the effectiveness of dispute resolution will lead to better medical decision-making and ensure that the incompetent person’s best interest is cared for.