Arbitrability of Medical Negligence; The Need for Urgent Action

Arbitrability of Medical Negligence; The Need for Urgent Action

Author by Dr. Adesina Bello

Journal/Publisher: Nigerian Journal Of Medicine

Volume/Edition: 28

Language: English

Pages: 306 - 315


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 work was undertaken to
examine medical negligence, the elements of medical negligence and its arbitrability and it has through
decided cases looked into different jurisdictional stands on medical negligence arbitration and the good and
shortcomings of arbitrating medical negligence in such places. The findings of the research reveal that medical
negligence is arbitrable and as a matter of fact has been arbitrated in some jurisdictions for over 10 years and
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 work concluded that it is possible to arbitrate medical negligence and
recommended that medical negligence should be arbitrable in all countries, however patients should be
allowed time to understand the arbitration agreement and should not be forced into signing the arbitration

Other Co-Authors