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VOL. 7, ISSUE 6 (2021)
Healthcare disputes in India: Mediation by ADR as an ideal method in current scenario
Authors
Sonu
Abstract
Alternative dispute resolution i.e., ADR means privilege of choosing
one of two things. It does not mean the choice of an alternate court but
something which is alternate to the court procedure. The whole system of ADR is
backed with a sole objective to reduce litigation and make peaceful settlement
between disputant parties with the help of designed techniques- Arbitration,
Conciliation, Mediation and Lok Adalat. Human conflicts are unavoidable in any
area; therefore, disputes are parallelly unavoidable in health sector as well.
There is no denying the fact that the health care sector is suffering from over
workload like courts; therefore, the errors in health care sector is becoming
unavoidable feature now days. The cases in health care are multifarious and
mainly pertain to medical negligence, breach of trust, malpractice and medical
errors etc. The large number of litigations against health care department shows
the increase of public awareness of users with regard to their safety and
demand for transparency. But the maxim- ‘justice delayed is justice denied’ is
no exception to these disputes also. Thus, to avoid the delay, the users and
providers have started using ADR techniques due to its beneficial features.
Contractual, tortious, rem and personam elements are generally found in medical
disputes. What kind of disputes is referral to ADR techniques and capable of
being adjudicated has been decided by the court of law in a number of health
care cases. Arbitration, conciliation, mediation and Lok Adalat are all different
ADR techniques, but which one is ideal and efficient method to resolve the
health care disputes is a question to be answered with logical and reasonable
point of view. This research paper will try to answer- which technique’s nature
is more collaborative and cooperative and can give best results for claims
litigation in medical health. To critically evaluate the litigation model
currently adopted in India, is also one of the objectives of this paper and for
this, the researcher will look into the outcomes of medical negligence
litigation which follows old standard of tests.
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Pages:158-161
How to cite this article:
Sonu "Healthcare disputes in India: Mediation by ADR as an ideal method in current scenario". International Journal of Law, Vol 7, Issue 6, 2021, Pages 158-161
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