Policy symposium examines alternatives to litigation in healthcare disputes

Dr Jaime Lindsey and Margaret Doyle, who worked together on a project exploring the potential of mediation in medical disputes, pictured at Oriel College.

On 24 March, Oxford's Faculty of Law held a meeting on resolving healthcare disputes out of court. Amid high-profile examples such as the Charlie Gard case and Martha's Rule, the event brought together participants with lived experience of disputes, including family members and healthcare professionals, to explore alternatives to litigation in disagreements about treatment.

The symposium, hosted by Oriel College, focused on disputes involving both adults and children. Discussions highlighted that while disagreement can play a constructive role in ensuring that different values and treatment options are taken into account, it can also lead to conflict, delay and distress – especially in contexts such as end-of-life care.

Across the day, participants examined four key areas: medical second opinions, clinical ethics committees, mediation, and resource allocation. Conversations explored the practical and ethical challenges associated with each. These included the lack of formalised processes for obtaining second opinions, concerns about transparency and participation in clinical ethics committees, and both the potential and limitations of mediation as a less adversarial means of resolving disputes.

Participants also considered the role of resource constraints in decision-making, noting the difficulty of addressing such issues openly within a legal framework centred on patients' best interests.

Reflecting on the event, organiser Jaime Lindsey, Associate Professor of Medical Law at Oxford and Tutorial Fellow at Oriel College, said: "This event brought together people with direct experience of disagreements about the provision of health and care. I am delighted that we were able to create a safe and collaborative environment for parents, family members and professionals to share their honest and constructive reflections, which we hope will feed into meaningful progress in how we approach disagreements in healthcare settings."

The event builds on Dr Lindsey's ongoing research in this area, including recent papers examining the role of mediation in best-interest disputes involving children and disputes with a religious aspect. 

A policy paper will be published following this event – please contact Dr Lindsey at jaime.lindsey@law.ox.ac.uk if you would like access to this.