Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)

Mediation as Toll to Settle Medical Disputes; Indonesian Case

Authors
Gunawan Widjaja
Corresponding Author
Gunawan Widjaja
Available Online 17 September 2020.
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/).

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Volume Title
Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
17 September 2020
ISBN
978-94-6239-054-6
ISSN
2352-5398
DOI
10.2991/assehr.k.200917.009How to use a DOI?
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  -