Mediating Conflicts in the Medical Sector: General Considerations from the Italian Perspective

Global Jurist ◽  
2015 ◽  
Vol 15 (3) ◽  
Author(s):  
Grazia Mannozzi

AbstractThis paper focuses on the possibility of adopting a restorative justice approach and introducing mediation in dealing with conflicts that arise in the health care system due to medical malpractice. It moves from the observation that the steep increase in reported criminal cases (mainly negligent bodily injuries and negligent homicide) involving physicians has encouraged the development of “defensive medicine.” This is a questionable practice by which physicians and surgeons hope to avoid criminal charges or civil actions resulting from their professional behavior. After presenting the available statistical data on medical malpractice and on “defensive medicine” in Italy, this paper will seek to evaluate whether the introduction of mediation – which is allowed by the Italian Act 67/2014 – can delay the adoption of an attitude of defensive medicine and, in a wider perspective, discusses whether restorative justice and mediation in the health care system are feasible and desirable.

Economical ◽  
2019 ◽  
Vol 2 (2(21)) ◽  
pp. 170-177
Author(s):  
Anzhela Bairak ◽  

The article examines the problems of private medicine in the health care system of the country. The aim of the article is to determine the structural components of the mechanism of activation of the private medical sector as a reserve for the provision of quality and affordable medical services and a driver for the development of the medical industry. The descriptive-analytical method, methods of analysis and synthesis, comparison, statistical, analysis and scientific generalization were used in the paper. The study substantiates the strengthening of the role of the private medical sector in the health care management system. The key problems of the domestic private medical sector and the restraining factors of its development are identified. It is concluded that it is necessary to develop a mechanism to promote the development of private medicine through a policy of active change in the health care system. The directions of activation of the private medical sector as a target reference point in the process of determining the structural elements of the organizational and economic mechanism are outlined. The structural detail of the mechanism of activation of the private medical sector for optimization of the health care system is offered. The practical significance of the obtained results is that the results of the research presented in the article are a practical basis for the development and improvement of mechanisms of public administration in the field of health care.


2020 ◽  
Vol 73 (10) ◽  
pp. 2261-2264
Author(s):  
Tatiana V. Peresypkina

The aim: Of this article was analysis of the existing health care system for school-age children in Ukraine and the identification of ways to improve and develop the school health care system like a topical issue of pediatrics. Materials and methods: The analysis of the state of health of children in Ukraine, the questionnaire of the participants of the educational process regarding the expedient and expected types of medical care, the WHO publications on the medical provision of schoolchildren were analyzed. Conclusions: The analysis of the legal framework in Ukraine in the period of reforming the medical sector has allowed to identify the problematic issues, the solution of which will contribute to ensuring the quality of the medical aid system for school-age children, improving the level of health, shaping the health behavior of health behavior. These include improving the legal framework on some issues, defining the functional authority and structure of the school health care system.


2021 ◽  
pp. 5-8
Author(s):  
Oleksandr RADCHENKO

The study identified key factors in the effective management of the health care system. Emphasis was placed on defining mechanisms and tools for public administration of the national health care system, which determine profound systemic changes in the reform of the industry and developed an improved methodology for assessing the results of effective development of public administration mechanisms through the transformation of procedures and rules governing the interaction of agents. market of medical services of Ukraine. These provisions, in fact, necessitate an analysis of the development of public administration mechanisms in the field of health care in Ukraine as a subject of study, and their interaction in the process of systemic changes in the industry to establish links between major categories. Based on the analysis of the results of the study, the current state of the health care system of Ukraine as a prerequisite for the modernization of the medical sector and increase its competitiveness. State regulation of the health care system should be divided into specific types of regulatory actions that would determine the subject, content, structure of the object of regulation and other parameters. The system of public administration is a set of rules, laws and procedures governing the interaction of participants at the national level. The determinants of the development of mechanisms of state management of the medical sector of Ukraine (socio-political, economic, demographic, socio-cultural) are determined and substantiated. The main reasons that hinder the development of the market of medical services in Ukraine are identified and the main directions and tools for overcoming these obstacles are outlined. The concept of systemic transformation of public administration mechanisms in the field of health care is substantiated, which defines the basic principles, among which are decentralization, democratization, self-regulation, autonomy, intensification, optimization of functions, which provides for diversification of ownership, sectoral governance reform, improving regional governance, financial reform, etc.


2009 ◽  
Vol 137 (7-8) ◽  
pp. 430-433 ◽  
Author(s):  
Djordje Alempijevic ◽  
Ivanka Baralic ◽  
Milosav Kiurski ◽  
Dragan Jecmenica ◽  
Snezana Pavlekic ◽  
...  

Introduction. Currently, in our country (Republic of Serbia) tetanus is a rarely occurring disease, mainly affecting people older than 65 years of age. A small number of reported cases is mainly due to appropriate immunization. Therefore, each case of tetanus may be considered as failure of health care system to provide adequate immunization. Case outline. A 71-year-old woman was injured in her garden. She sustained laceration in the left coccygeal region. The next day the wound was treated by a surgeon, but tetanus postexposure prophylaxis was not administrated. On the fifth day following the incident, the symptoms and signs of tetanus became apparent, and the patient died two days later. Postmortem examination revealed the wound that was not adequately treated, since there was a foreign body and a dressing inserted in the wound. Signs of acute (aerobic) infection were also present. Conclusion. Tetanus is a severe, potentially lethal disease that is absolutely preventable. Mistakes in immunization and surgical treatment of the wound can be considered as medical malpractice.


2012 ◽  
Vol 15 (3) ◽  
pp. 83-106 ◽  
Author(s):  
William M. Sage

Abstract Tort reformers blame the high cost of American health care on defensive responses to rampant medical malpractice litigation. Defenders of the tort system counter that holding health care providers liable for negligence improves safety and ensures compensation for injury. The relationship between medical malpractice and health care expenditures is more complex than either of these positions reflects. The existing medical malpractice system increases medical spending mainly because it has evolved in tandem with other inflationary features of the health care system and may make those features even more difficult to change. In other words, medical malpractice is both a symptom of a costly health care system and a costly disease in its own right.


Economical ◽  
2019 ◽  
Vol 2 (2(21)) ◽  
pp. 27-29
Author(s):  
Olga Popova ◽  
◽  
Serhii Kravchenko ◽  
Nataliia Podluzhna ◽  
◽  
...  

The aim of the work is to study the motivation for the development of the private medical sector in the system of public-private partnership on the basis of sustainability. Results. Emphasis is placed on the challenges of sustainability in the health care system, including the fragmentation of the health care system, labor constraints, and investment in improving technologies that put pressure on the financial capacity of health systems to meet needs. It has been shown that various forms of interaction and ways of cooperation between the public and private sectors, known as public-private partnerships, are increasingly being studied as a means of mobilizing resources to increase the capacity and sustainability of the health care system. public-private partnership on the basis of sustainability. Recommendations for building a portfolio of basic motives for the development of the private medical sector in the system of public-private partnership on the basis of sustainability.


2019 ◽  
Vol 72 (5) ◽  
pp. 887-891
Author(s):  
Serhii V. Knysh ◽  
Sergiy M. Gusarov ◽  
Nikolay L. Shelukhin ◽  
Ivan F. Kharaberiush ◽  
Viktoriia R. Bila

Introduction: A new medical reform started in Ukraine from January 1, 2018, new bills were drafted and the current legislation was amended. The legislator began to gradually abandon organizational and legal ways to improve the functioning of medical institutions in order to develop the market of medical services, as well as to ensure the protection of patients’ rights. The main issue of health care reform was the improvement of state administration, in particular the creation of new mechanisms for financing medical institutions. The aim: The objective of the article is to conduct theoretical study of the specific features of state administration in the health care sphere in Ukraine and to substantiate practical recommendations for its improvement taking into account the European integration processes. Materials and methods: The author of the article has used the methods of analysis and synthesis, as well as a comparative legal method. The analysis of the current legislation and world experience in reforming the medical sector assisted to determine the problematic issues of this publication, as well as to formulate the author’s point of view on the ways to improve state administration through the health care system under conditions of medical reform in Ukraine. Review: The author has studied the directions for the modernization of state administration by the health care system in the context of medical reform in Ukraine. Conclusions: It has been emphasized that the management reform by its nature does not pay enough attention to ensuring the medical rights of citizens, as evidenced by the legislation’s provisions regulating the access to a patient data. Improving public administration of the health care sphere is possible through the involvement of a group of international experts from among the EU Member States to determine the optimal mechanism for transitioning to the system of compulsory state health insurance.


JAMA ◽  
2007 ◽  
Vol 297 (7) ◽  
pp. 748
Author(s):  
Gerard F. Anderson

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