Role of Arbitration in Resolving Medical Malpractices : A Literature Review

Abstract

Background and Objective: Most malpractice disputes are caused by the breakdown of communication between patients and doctors or hospitals, which can harm the reputation of both parties, necessitating a fair solution. Cases can be resolved in one of two ways: litigation or non- litigation. Arbitration is a non-litigation method to reach a fair settlement without involving a court. The aim of the literature review is to describe the role of arbitration in the settlement of malpractice cases. Methods: This study uses a systematic literature review. Results: Arbitration is a reasonable method for resolving malpractice claims. This can be done by optimizing the rule of law in the form of pre-contract agreements between patients and hospitals or doctors, and by using the Arbitration Board to resolve medical disputes, especially malpractice disputes before they become court cases. Conclusion: The significance of maximizing the rule of law as a foundation for carrying out an arbitration pattern is that it is faster and less expensive, and the decision is final and binding.