MEDIATION AS A METHOD OF DISPUTE RESOLUTION BETWEEN DOCTORS AND PATIENTS IN THERAPEUTIC AGREEMENTS

Abstract

Therapeutic Agreement is an agreement made because of an agreement between the Doctor and the Patient. Before this agreement is made and agreed upon by both parties, the patient is legally entitled to obtain information about any medical action that will be carried out by the Doctor to the Patient. The emergence of disputes that occur between doctors and patients is more often due to weaknesses in building effective communication which results in conflict between doctors and patients. The emergence of a conflict that leads to a dispute does not need to occur if both parties understand their position and position both from a medical and legal perspective through a good communication network, mutual respect and mutual trust. And then if there is a medical dispute between the two parties, both doctors and patients, legal communication should be put forward such as mediation to resolve medical disputes that occur. Thus, mediation as legal communication in the resolution of medical disputes requires effective communication efforts by optimizing the value of a win-win solution between the disputing parties, both from the doctor and the patient, in achieving the goal of resolving medical disputes, especially outside the court (nonlitigation mediation).

Keywords: Mediation; Doctor; Patient; Legal Communication; Medical Dispute