DEVELOPING AN INTERNATIONAL LEGAL FRAMEWORK TO REGULATE AND REDRESS MEDICAL NEGLIGENCE

Abstract

Regulating medical practice and redressing medical negligence are usually in the purview of each nation state. However, medical treatment has over time migrated from the confines of domestic arena to global stage. To this effect, there is a need to have a universal minimum standard of regulation that will serve as base line for global governance from which all domestic orders draw from. This becomes crucial because of emerging realities of medical tourism and international travels among others. This paper, using the doctrinal research method, interrogates the existence of any international framework or mechanism regulating and redressing medical negligence, it reviews the need, sufficiency or otherwise of these standards. It also distinguishes the existence, relevance and limits of international self-regulatory institutions and extant laws to the public international law. It further examines the various international regulatory bodies and laws presently in place, with regards to selfregulatory and the public international structures. The paper ends by exposing issues and challenges posed by self-regulatory structures which underscores the expediency of a global unified process that will moderate, challenge as well as harmonize the minimum standard of redress structures of all nations to safeguard the trust of humanity in the medical practice.