Mediation as Toll to Settle Medical Disputes; Indonesian Case
- DOI
- 10.2991/assehr.k.200917.009How to use a DOI?
- Keywords
- mediation, medical disputes, alternative disputes resolution
- Abstract
Health care, including medical services is very complex in practice. It involves many kinds of aspects, such as ethic, dicipline and legal issues, but it only has one objective. It aims for human health. It focuses on patient safety. Patient is the only concerned in health care. It is said that any intervention made in health care must be patient-oriented. However it cannot be denied that many disputes were arosen over the result of medical services. This research explores the possibility of using mediation as as a tool for settling medical disputes in Indonesia. This research is a normative legal research. It conducts literatures review on the prevailing laws and regulations on health care and medical services in Indonesia. This research used secondary data which consist of applicable laws and regulations. Data were analysed using qualitative approach with the purpose to identify and understand the kinds of medical disputes, and the probable methods and ways of settlement that can be used. Data and analysis proved that mediation was the best method and way to settle medical disputes in Indonesia. Not because it was stipulated in the laws and regulations, but it is indeed suitable to Indonesian local culture. Researcher strongly encourages the using of mediation to settle medical dispues in Indonesia.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Gunawan Widjaja PY - 2020 DA - 2020/09/17 TI - Mediation as Toll to Settle Medical Disputes; Indonesian Case BT - Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019) PB - Atlantis Press SP - 37 EP - 39 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200917.009 DO - 10.2991/assehr.k.200917.009 ID - Widjaja2020 ER -