Medical Dispute Resolution & Conflict Resolution through Mediation- Alternative Dispute Resolution Strategy


In recent years, medical malpractice has emerged as one of the nation's most critical problems. Even the medical field, which is regarded as one of the finest professions, is not exempt from neglect, which frequently results in the patient's death, complete or partial impairment, or any other suffering that has a negative impact on their health.

Undereducated doctors have occasionally caused legal actions to be taken against them because of the severity of their negligence or willful behavior.

What is Medical Negligence? Medical Dispute Resolution & Conflict Resolution through Mediation- Alternative Dispute Resolution Strategy

The incorrect or incompetent treatment of a patient by a medical professional is what is referred to as "medical negligence." This covers carelessness on the part of a nurse, doctor, surgeon, pharmacist, or other medical professional. Medical malpractice occurs when a patient is injured as a result of receiving treatment from a doctor or another healthcare provider, which is referred to as medical negligence.

A health professional's commission of errors or negligence may cause relatively small injuries, more catastrophic injuries, or even death. Since nobody is flawless, even someone who is knowledgeable and experienced in each field may make mistakes. Errors happen to everyone, but it takes negligence to keep making the same error over and over again.

The main cause of medical negligence is that it is frequently demonstrated that doctors or other medical staff did not exercise reasonable care when making diagnoses, performing procedures, administering anesthesia, etc.

Types of Medical Disputes-Medical Dispute Resolution & Conflict Resolution through Mediation- Alternative Dispute Resolution Strategy

The following list includes some typical categories of medical negligence:-

  1. Incorrect diagnosis- The first step after admission to a hospital, clinic, or other medical facility is the diagnosis. Correct symptom diagnosis is essential to providing any patient with medical care. However, if a patient receives inadequate care as a result of a diagnostic error, the doctor may be held accountable for any additional harm or losses.

  2. A delayed diagnosis is considered medical malpractice if another doctor might have reasonably made a timely diagnosis of the same problem. If the sickness or injury is not addressed and is allowed to worsen over time, a delay in diagnosis may result in the patient suffering unwarranted harm. It goes without saying that any delay in identifying and treating an injury can lower the patient's chances of recovering.

  3. Error in surgery- Because even the smallest mistakes can have a significant impact on the patient, surgical procedures call for a high degree of ability and should be performed with care and care. Surgical errors include things like doing surgery in the wrong place, significant blood loss, internal organ lacerations, and leaving a foreign item in a patient's body.

  4. Unnecessary surgery- Unnecessary surgery is typically linked to a wrong diagnosis of a patient's symptoms or a medical choice made without fully weighing the pros and disadvantages of all available options. Alternatively, because it is quicker and easier than other options, surgery is sometimes referred to as conventional therapy.

  5. Errors in the administration of anesthesia- A professional (anesthesiologist) is required to administer and monitor the patient's response to anesthesia because it is a dangerous component of any major medical procedure. The anesthesiologist must evaluate the patient's condition, medical history, current medications, and other factors before beginning any surgery requiring anesthesia in order to choose the medication that will be most effective. Even during the pre-operative medical examination or the treatment itself, anesthesia errors might occur.

  6. Misconduct in labor and delivery- Childbirth is a challenging experience for a woman, and if the physicians and nurses don't handle it appropriately, it gets worse. Instances of medical malpractice during childbirth include managing a challenging birth, problems with induction of labor, and incorrectly diagnosing a newborn's medical condition.

  7. Long-term negligent care- Over the course of a protracted duration of care, medical negligence can also manifest itself subtly. Typically, medical malpractice manifests itself as a failure to monitor patient outcomes or to continue therapy as prescribed.

Use of ADR in Medical Dispute-Medical Dispute Resolution & Conflict Resolution through Mediation- Alternative Dispute Resolution Strategy

Arbitration has long been advocated as a way to clear the backlog of court dockets in cases involving medical misconduct. Alternative conflict resolution is now legal in several states thanks to legislative action. "A written agreement to submit to arbitration any existing controversy or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable, and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract," states Special Actions or Proceedings to Enforce Claims or Judgments.

An arbitrator, who may be a single person or a panel of up to three, examines the case in arbitration. Pre-hearing briefings might occur, although they are not always included in arbitrations.

Each side makes its case to the arbitrator during the arbitration session. Evidence presentation and witness testimony may be included in this. Following the presentation of each side's case, the closing argument is made by each.

The arbitrator determines a fair settlement using the evidence presented during the hearing. The arbitrator's decision is typically enforceable in court. Legal proceedings are more formal than arbitration. Arbitrators have more discretion in how they interpret applicable laws than juries or judges do since the arbitration does not take place in a courtroom.

Because the participants in arbitration are not constrained by the time constraints of the legal system, arbitration can produce quicker conclusions. Arbitration can also be less expensive for the parties than going to court to fight a malpractice claim.

Mediation in Medical Dispute-Medical Dispute Resolution & Conflict Resolution through Mediation- Alternative Dispute Resolution Strategy

When two parties settle a legal dispute through mediation, they collaborate with a mediator—a disinterested third party—to explore the pertinent issues and reach a just conclusion.

The role of the mediator is to encourage communication between the two parties to the lawsuit. The settlement of the claim is not decided by the mediator. Instead, he or she guides the parties toward their own settlement by posing pertinent questions to them.

The Supreme Court has outlined the considerations to be taken into account when establishing responsibility in cases of medical negligence in Vinod Jain v. Santokba Durlabhji Memorial Hospital & Anr. In this instance, the appellant took the NCDRC to the nation's highest court, the Supreme Court.

The Supreme Court upheld the NCDRC's ruling and made the following remarks:

>If a doctor follows the established criteria, he cannot be considered irresponsible just because another organization takes a different opinion.

>A doctor does not need to have advanced medical knowledge; it is sufficient if he uses everyday abilities that a man in that profession of his would be capable of.

>A doctor cannot guarantee a patient's recovery because he has no control over it. He can only do his best. The only assurance he can give is that he possesses the necessary abilities for the job, and while carrying out this responsibility, he should discharge his duties as a reasonable man of the profession and in accordance with the medical profession's standard of care.


ADR that is commonly used to settle commercial disputes is arbitration. A medical malpractice lawsuit settlement can also be reached using it.

While it is undeniable that disputes involving medical malpractice can be resolved through arbitration, the use of arbitration clauses in contracts between healthcare providers and patients differs from the use of such clauses in resolving labor or business conflicts in that the legal doctor-patient relationship is governed by both private contract law and public tort law.

Thus, there is a conflict between the application of tort law to enforce conformity with the standards of care desired by society, particularly with standards of professional care, and the application of contract law, the principles of which have been applied to binding arbitration clauses in labor and commercial agreements for years.