A STUDY ON ARBITRATION MODELS: A CASE OF MEDICAL DISPUTE

Abstract

The objectives of the study on arbitration models: a case of medical dispute, 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 participant organizations which are 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 know 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 selected by parties involved in the dispute, must be impartial, have good morals and ethics. Furthermore, the arbitrator should be a doctor expert in the area of dispute and have 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. 

In summary, this study suggests that there should be public educations in arbitration process. There should be a clear policy in medical arbitration, in establishing medical arbitration institution, and consider passing rules or regulations specific to medical arbitration to create propriety in the context of medical services and public health.