Arbitrability of Medical Negligence; The Need for Urgent Action

Abstract

Negligence means failure to extend duty of care to whom it is owed. Negligence occurs in all spheres of human life including the medical sphere and that is known as medical negligence. This article examines medical negligence, the elements of medical negligence and its arbitrability.

This article through decided cases has looked into different jurisdictional stands on medical negligence arbitration and the good and shortcomings of arbitrating medical negligence in such places.

This article reveals that medical negligence is arbitrable and as a matter of fact has been arbitrated in some jurisdictions for over 10 years. It further reveals that some countries have it embedded in their laws.

Furthermore the article revealed that arbitrability of medical negligence is common in the United States of America, United Kingdom and other jurisdictions. It further stated that arbitration of medical negligence will foster good relationship between the parties and it is less expensive than litigation.

The article recommended that medical negligence should be arbitrable, however patients should be allowed time to understand the arbitration agreement and should not be forced into signing the arbitration agreement.

Keywords: Negligence, Medical negligence, Arbitration, Arbitrability