Medical Arbitration

Abstract

The objectives of the study on medical arbitration are 1) to study the possibility of using arbitration processes in medical disputes and 2) to propose appropriate models of arbitration to be used in medical disputes.  The study was carried out by interviewing 3) parties in organizations who were directly involved with the dispute in medical practice

The results of this study can be summarized as follows. Majority of representatives from the hospital management and from a lawyer organization are agreed that arbitration is a good alternative method to be used in the medical dispute. However, representatives from consumer organizations did not agree to employ medical arbitration process without further modifications. These modifications are that health care providers, health care receivers and general public should be educated and knowing rules and laws governing the arbitration procedures. Medical arbitration institute should be established by law, to provide service in medical disputes, and under the supervision of the bureau of court of justice and the medical council. The medical arbitrators should be respected by parties involved in the dispute, must be impartial, have good morals and ethics.  Furthermore, the arbitrator should be a medical  expert in the area of dispute and having knowledge of the laws. A working body of medical arbitrators must be made up of persons with occupation other than medical field who understand medical service and public health issues including individual rights.