Exploring Alternative Dispute Resolution in Medical Malpractice Disputes in Nigeria

Abstract

One of the complexities of societies is the existence of conflict as well as processes for its resolution. The same situation comes up between a patient and a health practitioner. The reason for this is that in the discharge of his duties, the health practitioner may breach the duty imposed on him by law while relating with his neighbour who in this case is the patient. The resultant effect may be instituting a suit against the defendant, which may be criminal or civil in nature. The article is concerned with civil liability and argues that it is not all medical malpractices cases that must be resolved through litigation. The argument is that where the liability is civil in nature, it can be resolved through Alternative Dispute Resolution (ADR) instead of resolving same through the traditional method which is litigation. This does not mean that the researcher intends to show that ADR is superior to litigation. On the contrary, the intention of this article is to promote ADR as efficient, effective and empowering tool for resolving conflicts that pertain to medical malpractice and to humbly suggest that it is high time Nigeria adopted ADR methods or strategies as a means of resolving cases on medical negligence thereby ensuring that among other things availing parties to choose other mechanisms in resolving their disputes, reduce the workload of the Courts and, establish better relationships among the disputing parties. It is also recommended that institutions must be put in place to ensure compliance.