Abstract

Raphael Nyarkotey Obu* and Grace Akoah Nkuah

ABSTRACT

Medical litigation arising from negligence claims poses a significant challenge to healthcare systems worldwide. In Ghana, the rising incidence of medical malpractice lawsuits strains both the judicial system and the doctor-patient relationship. This paper examines the potential of Alternative Dispute Resolution (ADR) as a mechanism for addressing medical litigation in Ghana, drawing lessons from global practices. ADR encompasses tools such as mediation, arbitration, and negotiation, which offer faster, cost-effective, and less adversarial means of resolving disputes compared to traditional litigation. By analyzing the implementation of ADR systems in countries such as the United States, Australia, and South Africa, this paper identifies best practices and challenges that Ghana could encounter. For instance, the United States leverages medical review panels to streamline malpractice claims, while Australia’s "no-fault" compensation scheme minimizes adversarial proceedings. South Africa’s community-based mediation centers emphasize cultural sensitivity, which resonates with Ghana’s sociocultural context. The findings reveal that ADR improves healthcare delivery by fostering trust and preserving relationships, particularly in cases where litigation would exacerbate tensions. However, Ghana must address barriers such as limited public awareness, a shortage of trained professionals, and skepticism regarding ADR’s impartiality. This paper concludes by recommending legislative backing, capacity building, and pilot programs to institutionalize ADR within Ghana’s healthcare system. If effectively implemented, ADR could transform dispute resolution in Ghana’s healthcare sector, reducing litigation costs and enhancing trust between healthcare providers and patients.