Implementing mediation as an alternative medical dispute resolution method in the Malaysian public healthcare setting: a feasibility study / Nadya Izzati Soaib

While ineffective communication has always been the main factor for the genesis of a medical dispute, improved and effective communication skills has a major role in preventing it. The number of medico legal complaints has shown a rising trend over the past few years. With the intention to prevent medical litigation, the Ministry of Health Malaysia has established an alternative method to resolve these complaints involving the public healthcare facilities, i.e. via ex gratia. Nevertheless, statistics have shown a gradual rise in the trend of the newly filed cases, and a 5-fold increase of ex gratia rejection percentage in 2019. Also, in some cases, patients still suffer from unresolved grief. While mediation has gained its spot as an alternative medical dispute resolution method in Singapore, it is still not utilised in Malaysia, especially in the public healthcare setting. Hence, this descriptive, comparative study examined the current methods used in the management of medical disputes in the Malaysian public healthcare setting, the mediation process and its advantages and disadvantages, as well as the feasibility of mediation as an alternative medical dispute resolution method in the Malaysian public healthcare setting. A doctrinal research approach which comprised of library-based research was implemented. This study described, explored and analysed the application of several laws, policies and guidelines, as well as taking other factors including technical, financial and ethical factors into consideration. Subsequently, the study found that there is substantial need to improve the current medico-legal complaint management system, and mediation is the most suitable approach as it offers settlement of both financial and non-financial issues. Nevertheless, there were challenges identified that could halt the applicability of mediation. Thus, to ensure the feasibility of the implementation of mediation as an alternative medical dispute resolution in the Malaysian public healthcare setting, several recommendations have been offered in this study, namely creating awareness, capacity building and policy changes. Apart from that, the study also suggested future research to be conducted and to utilise the recent Temporary Measures for Reducing the Impact of COVID-19 Act 2020 as a platform to kickstart medical mediation as an alternative medical dispute resolution method in the Malaysian public healthcare setting.