For citation: Sadovski V.V., Mirgazizov M.Z. , Pankratov A.S., Koroleva Ya.E. Dispute between a patient a n d a m e d i ca l o rg a n i z at i o n: how to reso lve a co nfl i c t wi t hou t l i t i g at i o n?. H ead a n d n e c k . R u ss i a n Jou rna l . 2022;10(1):51–56 (In Russian).

Doi: 10.25792/HN.2022.10.1.51–56

The number of lawsuits over defects in the provision of medical care is steadily increasing in the Russian Federation.  Many of them concern not criminal, but civil procedural issues, and have a financial component. This affects both
medical institutions, whose reputation is damaged, and patients who are forced to prove their case for a long time being in a state of illness.
A promising method of solving this problem is the mediation procedure, i.e. pre-trial settlement of the conflict, conducted with the participation of a mediator who has received special professional training. He acts as an impartial
neutral party in the conflict, helping to reach a compromise between the dispute participants and contributing to the achievement of the final result, which is the recovery of the patient.

The article presents an algorithm for conducting procedures for mediative resolution of conflicts arising in dental practice, which has been developed on the basis of the experience of JSC NIME – an expert organization specializing in conducting examinations of so-called medical cases. Most often, the need for mediative conflict resolution arises in the field of dentistry, cosmetology and plastic surgery, where the concepts of “norm”, “defect in the provision of medical care”, etc., are often interpreted very broadly, with most of the patient claims concerning the aesthetic
component of the maxillofacial region. The article describes the legal framework governing mediation in medicine.

Key words: medical practice, patient-hospital conflicts, mediation, mediation agreement, confidentiality, impartiality, independence, court

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