Concepts of medical mediation (part 2 of 3) A mock mediation and feedback
17 November 2022
Doctors, Lawyers, Mediator and a Patient.
Moot Mediation role-played
A STROKE IN EVOLUTION
It is estimated that in South Africa about 360 people per day have a stroke. Of those about 110 die and about 90 are left with a life-changing disability. Strokes are thus the leading cause of disability and the fourth most common cause of death.
On 17 August 2022 at about 16h00, while she was at work as a typist Ms Lynn, exhibited dizziness and realised in the late afternoon that she was typing nonsense. That evening she felt worse and at 19h15 she consulted Dr Rose, at his walk in practise.
He diagnosed her as having hypertension and anxiety and prescribed Prexim for high blood pressure and Mitil for her imbalance and told her to see him in five days, if she was not feeling better. The next morning, she was still not well and asked her employer what she should do. Her employer is a highly experienced lawyer that deals with medical malpractise matters. She (ie the lawyer) makes an appointment for Lynn to see Dr Stephen Jo -who the lawyer has absolute faith in since he has been the lawyers family GP for many years.
So, at approximately 12h15 on 18 August 2022, Lynn consults with Dr Jo. He diagnoses her as having suffered a mild stroke which had completed. He advises Lynn to continue taking the Prexim and to take half a disprin as well and to come and see him again if she does not feel better. The next day Lynn feels worse and tries to see Dr Jo, but he is not available. Via his receptionist Dr Jo advises that she should continue taking the Prexim and ought to feel better in four days-time. If not, she must come and see him again.
Lynn progressively feels worse and on 20th August she decides to go to the Victoria hospital where she stays until 26th August 2022. On discharge she is referred to a physician as a result of a cerebral vascular accident (CVA) and right-sided hemiplegia (paralysis).
On 14 September 2022, Lynn is admitted to the Stroke Rehabilitation Centre where she receives physiotherapy, occupational therapy and counselling to treat her right sided hemiplegia. Upon admission Lynn has difficulty washing and dressing herself and is unable to cook. She is able to walk but has to hold onto furniture for support. She eventually has to use a walking frame. She is fully continent and has good movement in her right arm. The plan on admission is to improve her mobility (gait rehabilitation) and to monitor her blood pressure. By 22 October 2022, she showes some improvement in the functioning of her upper limbs and, although wheelchair bound, is in the process of gait-regaining. Lynn returns to work on 1 November 2022. Due to Lynn’s condition, she can only work as a switchboard operator.
Lynn is extremely unhappy about her treatment and feels that the Drs are to blame for her condition.
She talks to her employer who refers her to another medico legal lawyer. She is also a qualified mediator. She advises Lynn to first try mediation before she litigates as this could take a very long time and cost a lot of money. Lynn is advised that the outcome of litigation is uncertain and that it is also very stressful.
Role-played mediation