24th – 25th July 2009 (Friday and Saturday)
"ADR Conference On Medical Negligence 2009"
New Directions In Solving Medical Disputes In Malaysia: Is ADR A Viable Option?

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Moot Court, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia Litigation has never been a haven for neither the doctor nor the patient. The difficulties faced by the patient in proving medical negligence have long been apparent due to the deficiencies in the tort or fault-based system. Often, both the substantive and the procedural law tend to work against the interest of the patient. For the doctors, the threat of litigation and the publicity which a medical negligence claim entails is sufficient to cause a loss of reputation regardless whether the trial ends in their favour. Further, the tort or fault-based system seems ill equipped to provide non-legal remedies such as explanation and investigation of events leading to the mishap. Alternatives to the tort or fault-based system have been advocated, particularly in employing various methods of alternative dispute resolution to reach a settlement between disputing parties. Such methods can be seen to do away with the rigours of litigation by offering settlement through a fairer, cheaper and more helpful approach. These methods do not emphasize on who should win or lose or who is right or wrong. Rather, it focuses on goals of conciliation and personal settlement.

OBJECTIVES OF THE CONFERENCE
(a) To discuss the problems faced by patients and doctors involved in medical negligence claims under the present system.

(b) To discuss the methods of alternative dispute resolution (ADR) relevant to solving disputes in medical negligence claims.

(c) To analyse whether ADR is able to solve disputes in medical negligence claims by studying experiences of other countries.

(d) To offer recommendations and remedial approaches to overcome the problems that exist in the present system in handling medical negligence claims.

WHO SHOULD ATTEND
ADR practitioners including Arbitrators and Mediators, Doctors, Lawyers, Academicians, Judges, Students, etc.

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