Mediation as an Alternative Dispute Resolution Mechanism in Medical Negligence Cases in Zambia: A Comparative Study of India and Australia

Abstract

This thesis was on mediation as an alternative dispute resolution mechanism in medical negligence cases in Zambia. Pitfalls and benefits. A comparative study of India and Australia. The purpose of this study was to understand the underscoring problem of medical negligence claims in Zambia which has been on the rise leading to an increase in deaths due to medical negligence. The objectives of this study included providing a detailed analysis of the regional and international legal frameworks that regulate medical negligence claims in Zambia. Secondly, to equally provide a detailed analysis of Australia and India’s legal frameworks and to draw lessons from the same. The methodology of this report is as follows; this research was a qualitative mode of research as data was gotten from statutes, reports, internet sources, textbooks, journals and articles and case law. The major findings of this research were that the basis of escalating gun culture is due to the fact that our pieces of legislation being the penal code chapter 87 of the laws of Zambia and the health practitioners Act 17 of 2024 is not comprehensive and is silent on medical negligence cases as it does not provide stringent regulatory measures for dealing with negligent practitioners and how such claims are to be handled and it does not provide for stiff punishments for persons that contravene provisions of these Acts.