Alternate dispute resolution for medical disputes

Abstract

When medical disputes arise, it is painful for both the patient/family and the doctor if the resolution takes a prolonged amount of time and/or involves high costs. The major options available for resolution are litigation or complaint to the Medical Council. Both options can be lengthy, and the former is costly. The latter option only provides judgment on professional standards; it does not lead to compensation for damages. Mediation as a form of alternate dispute resolution (ADR) for medical issues has not been widely used in many common law jurisdictions which share similar systems of medical training. A new system for handling complaints to the Medical Council/Board should be considered not only to speed up the process but also to integrate ADR within the system. Hong Kong as well as other common law jurisdictions in the Asia Pacific region, such as Singapore and Australia, impose similar medical standard and are also arbitration friendly with the rule of law protecting the public interest. These countries could be appropriate places to test out the feasibility of medical arbitration. Society is expecting more disputes in medicine with increasing emphasis on standards of care through the “prudent patient test”. It is time to consider medical arbitration as a form of ADR to resolve disputes more quickly and efficiently in lieu of court proceedings.