To resolve medical negligence disputes fairly, India needs a three-tier Oregon Model under the Mediation Council of India.
Authors
Sakshi Vijay, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Akash Gupta, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Summary
Medical negligence disputes are emotionally complex and personal. In the Indian legal system, they are treated like ordinary consumer disputes which go on to appeal over multiple forums and become expensive dispute resolutions. India is in a state of progressive transition with respect to the Consumer Protection Act, 2019, the Mediation Act, 2023 and the Bhartiya Nyaya Sanhita, 2023; the statutes have been evolved to suit conciliatory dispute resolution, but there is no effective provision for creating an environment which supports such an outcome. This paper explores the idea of creating a three-tier system of dispute resolution specifically for medical negligence disputes, inspired by the Oregon Model. This will ensure that all such disputes are first negotiated, then mediated and only thereafter litigated. This method ensures an organic placement of the apology model of dispute resolution in the first and the second stages. The paper concludes that the Oregon Model be implemented in India via the Mediation Council of India.
Published in: Medicine and Law
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