Mediation: medical disputes
Victims in medical negligence disputes often pursue their claims out of anger and their desire for compensation over their physical and emotional harm. The current adjudication system, that is the tort system, allows them to be financially compensated for the harm suffered but does not offer them no...
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| Format: | Book Chapter |
| Language: | English English |
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CLJ Publication
2020
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| Online Access: | http://irep.iium.edu.my/78921/ http://irep.iium.edu.my/78921/1/14%20Chapter%2014_Mediation%20Medical%20Disputes.pdf http://irep.iium.edu.my/78921/2/1%20ADR%20BOOK%20%28COVER%2C%20COPYRIGHT%20%26%20CONTENTS%29.pdf |
| Summary: | Victims in medical negligence disputes often pursue their claims out of anger and their desire for compensation over their physical and emotional harm. The current adjudication system, that is the tort system, allows them to be financially compensated for the harm suffered but does not offer them non-legal remedies in the form of explanation, information, and sincere apologies from the wrongdoer. However, medical negligence cases are often brought to the court of law not merely to obtain monetary compensation but also to receive the appropriate explanation on the events that transpired and acceptance of responsibility by the person who caused the harm. Nevertheless, litigation has often been viewed as the last resort as its processes tend to be cumbersome and costly. Thus, engaging into methods of ‘open disclosure’ in providing proper explanation of the events, remedial steps for the prevention of future recurrence as well as making statements of regret with empathy, will eventually have the ability to defuse the growing anger and preserve the cordial relationship between the disputing parties |
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