Use of Alternative Dispute Resolution in Healthcare

Litigation, a way of resolving disagreements, isn’t ideal for healthcare issues between patients and providers.

It doesn’t prevent doctor mistakes, help injured patients, contribute to public health, or improve institutions.

In Kenya, the Constitution encourages Alternative Dispute Resolution (ADR) for problem-solving (Article 159(2)(c)), but ADR isn’t widely used in healthcare, possibly due to a lack of clear rules.

This article, using a simple, research-based approach, looks at the basic ideas behind healthcare conflicts.

It also examines how ADR is used in different places and suggests ways it could be used in Kenya when unexpected healthcare problems occur.

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