The NHS Litigation Authority, the organisation responsible for dealing with medical negligence claims upon behalf of hospital trusts has proposed a new mediation service.

Together with the Centre for Dispute Resolution, the service would offer a face-to-face discussion between the healthcare provider and the patient before an independent mediator. The patient can attend the mediation appointment with friends, family or a lawyer.

Any rights to bring a legal claim remain intact and would not prevent either party proceeding to court later in the process if they are not satisfied with the outcome of the mediation appointment.

Anything that speeds up the process, reduces wasted costs and provides patients with an opportunity to resolve their complaints should be welcome ~Robert Barker

Robert Barker, head of medical negligence at M R Law comments: “Anything that speeds up the process, reduces wasted costs and provides patients with an opportunity to resolve their complaints should be welcome.

However, there are important factors to keep in mind when considering resolving a complaint relating to poor medical treatment. Most patients will have only basic knowledge about their medical treatment when compared with those they may be facing at the mediation appointment.

There must be some concern that patients and hospital administrators are not meeting on an equal footing. It is vital an individual who may have suffered serious and long-term consequences arising from negligent medical treatment receives proper advice even if they are seeking to resolve a claim through mediation. Otherwise, there remains a possibility of patients not achieving the outcome they may deserve.”