Compensation neurosis re Medical Negligence demands a sensitive system
The fruits of alternative dispute resolution mechanisms in medical negligence are still to be regarded ripe for consumption in most African judicial systems. The costs associated with litigation can easily be compared with adoption of ADR. The legal system should naturally allow ADR mechanisms thus mediation and negotiation to be compulsorily used prior to litigation.
This pre-requirement should not be interpreted as an injunction to the traditional litigation, but they should complement each other, as they achieve the same objective. The benefit of such will be equally shared by all the parties as most cases will escape the trudging associated with litigation on many aspects.
Most importantly compensation neurosis which is not a prescribed diagnosis, but unconscious attempt exhibited by people who are thought to be developing symptom or not recovering as expected, to profit from financial compensation from insurance claims for injury. Such a problem can only be nipped in the bud if there is a change in approach re the failures characterized by litigation