The Potential of Arbitrating Healthcare Disputes

Authors

  • Meenakshi Kalra1, Vikas Gupta2

DOI:

https://doi.org/10.37506/mlu.v20i2.1130

Keywords:

Healthcare Services, Healthcare Disputes, Malpractices, Compensation, Settlement of Healthcare Disputes, Arbitration

Abstract

The speedy progress of trade in Global Health Services is limited by legal barrier. Advances in technology and
cross-border movement of people and health services form legal ambiguities and uncertainties for businesses
and consumers involved in transnational medical malpractice disputes. This requires for a uniform means
of redress which is more flexible and predictable as compared to litigation in a court room. Therefore, the
voluntary, flexible and legally binding nature of arbitration agreements across jurisdictions make this form
of dispute resolution efficient and adaptive to changes in the health services industry. With careful making of
an approach that accounts for arbitration cost, reasonable recovery amount and complementary mechanisms
such as no-fault compensation, international arbitration of medical malpractice disputes will change the
legal risks borne by businesses and consumers more fairly and efficiently.
This paper argue that most medical disputes are better resolved by alternative dispute resolution mechanisms
which will contribute in improving patient safety by encouraging candid and comprehensive reporting of
risks. It also argues that medical disputes and patient safety needs to be viewed through a new lens, namely
patient autonomy. It discusses the scope of India flourishing in the field of Medical Tourism and also the
challenges faced by the foreign patients and the scope of Arbitration in amicably resolving the medical
disputes in a cost effective and in a swift manner.

Author Biography

Meenakshi Kalra1, Vikas Gupta2

1Ph.D. Research Scholar, Amity University, Noida, 2Associate Professor, PhD Supervisor, Amity University, Noida

Published

2020-05-22

How to Cite

Meenakshi Kalra1, Vikas Gupta2. (2020). The Potential of Arbitrating Healthcare Disputes. Medico Legal Update, 20(2), 358-362. https://doi.org/10.37506/mlu.v20i2.1130