The financial and legal implications of medical apologies in civil litigation
In recent years, the role of apology in resolving conflicts and preventing litigation has gained much prominence. Particularly, in civil litigation, apology has the potential to promote negotiations, generate settlements and to some extent mitigate and absolve liability. During the process of ci...
| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Yargi Publishing House
2018
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/63959/ http://irep.iium.edu.my/63959/ http://irep.iium.edu.my/63959/19/63959%20The%20Financial%20and%20Legal%20Implications%20of%20Medical.pdf |
| Summary: | In recent years, the role of apology in resolving conflicts and preventing
litigation has gained much prominence. Particularly, in civil litigation,
apology has the potential to promote negotiations, generate settlements
and to some extent mitigate and absolve liability. During the process of
civil litigation, apology can exists and be used at various stages from the
moment the wrong has been committed until the end of the pre-action and
pre-trial procedures. Further, apology has long been recognised as an
effective tool in the alternative dispute resolution process and a mitigating
factor in cases on defamation and contempt of court. Studies have also
shown that apology has been efficient in settling family disputes by
expediting the reconciliation process. Although some apologies may be
protected under the principle of “without prejudice communication”
which promotes settlement out of court, it nevertheless, has the effect of
being a “double-edged sword” and be used against the party who offered
the apology as an evidence to establish guilt. In view of this, several
jurisdictions have developed legal mechanisms to counter the negative
effects of apologies while at the same time, trying to safeguard the
benefits of apologies in promoting early settlements and reducing the
number of litigated cases. By doing so, positive consequences whether
financially as well as economically, can be seen in relation to the amount
of compensation awarded as well as the relevant legal costs incurred at the
end of the civil litigation process. As such, this research paper seeks to discuss the implications of apology from the financial and legal
perspectives in relation to medical disputes with the aim of safeguarding
the benefits of apologies as well as promoting the use of apologies at
various stages of civil litigation. |
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