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Tasa de éxito del Sistema de Mediación Prejudicial por Da?o en Salud en Chile entre los A?os 2005 y 2009

DOI: 10.4067/S0718-381X2011000300015

Keywords: mediation, law 19.966, auge law, conflicts in health, deontology.

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Abstract:

pre-trial mediation in health damage was established in 2004 by 19.966 law which established the system of explicit guarantees of health in chile. this procedure was established as a non-adversarial mechanism for conflict resolution in health. we searched the databases of the mediation procedures of the state defense council and the superintendent of health made between 2005 and 2009, we calculated the success rate, considered as the percentage of cases with agreement on the total number of cases accepted for mediation. the average success rate was 15.92%, with higher values in the procedures performed at the state defense council, with 17.94%, while in the intermediate by the superintendency of health was a 10.63 % for the same period, these differences were statistically significant (p <0.05). we discuss the likely causes of the low success rate and possible differences in the mediation for damages in the public and private health.

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