Originally from Dispute Resolution Journal

The following observation by Patricia M. Miller, Ph.D., St. Louis University, 1994, originally kicked off Sheila Johnson’s article on medical malpractice mediation. “At our commencement exercises for St. Louis University, after the medical graduates received their degrees, they took off their gowns to reveal they were dressed in green surgical scrubs. When the School of Law was called to stand and receive their degrees, the new doctors stood up on their chairs, began howling, growling and hooting, while throwing wads of paper and other objects across the aisle at the graduates about to be lawyers. I was appalled. The new lawyers did not even turn around.” The preceding highlights the warfare mentality that has sprung up around the entire issue of medical malpractice. As in most wars, there are no winners, only losers, says Johnson. Her solution for a lasting peace is the imposition of a true mediation model that can provide satisfaction to all parties.

When patients are injured by medical negligence, mediation is not on their minds. The modern and customary methods of resolving disputes in cases of medical negligence fall into two general categories: the patient sues or the patient does not sue. There are serious problems with both categories.