(en) Entitled “Mediation in the Healthcare sector: challenges and perspectives”, the doctoral research focuses on mediation in the context of the healthcare relationship regulated in Belgium by the Act of August 22nd, 2002 on Patient’s Rights. It also contains indications on the way this type of mediation has been regulated in France, in the Netherlands and in Quebec. The research begins with a study of the concept of mediation, its principles and objectives, along with a comparison between the applications of mediation in the different fields of Belgian law (criminal law, public law, family law, etc.). A critical and constructive analysis of existing and proposed regulations on mediation in the healthcare sector in the four aforementioned legal systems is then carried out, with a special attention to the mediators’ perception on these regulations and their daily practice. In this context, the research aims to answer several fundamental questions: what are the specificities of healthcare mediation in comparison with other fields of mediation application? Given these specificities, what kind of model for the process of mediation and the statute of mediators could be suggested as a general standard for the patient-physician relationship, beneath the particular regulations in force in the legal systems? Once this model has been constructed, the legal framework for healthcare mediation in Belgium, as regulated in the Act of August 22nd, 2002 on Patient’s Rights, has to be questioned: does it suit to the specificity of the healthcare sector? Which improvements could be made in order to strive towards the proposed model of mediation and of the mediator’s statute?
Affiliations
UCLouvainSSH/JURI/JURI - Institut pour la recherche interdisciplinaire en sciences juridiques
Citations
APA
Chicago
FWB
Derèse, M.-N. (2012). La médiation dans les soins de santé : enjeux et perspectives. https://hdl.handle.net/2078.5/46778