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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Bibliographic Details
Main Author: Jahn Kassim, Puteri Nemie
Other Authors: Yaakob, Adnan
Format: Book Chapter
Language:English
English
Published: CLJ Publication 2020
Subjects:
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
id iium-78921
recordtype eprints
spelling iium-789212020-03-18T11:19:57Z http://irep.iium.edu.my/78921/ Mediation: medical disputes Jahn Kassim, Puteri Nemie K Law (General) 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 CLJ Publication Yaakob, Adnan Ali Mohamed, Ashgar Ali Kasi, Arun Ishan Jan, Mohammad Naqib Ahmad, Muhamad Hassan 2020 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/78921/1/14%20Chapter%2014_Mediation%20Medical%20Disputes.pdf application/pdf en http://irep.iium.edu.my/78921/2/1%20ADR%20BOOK%20%28COVER%2C%20COPYRIGHT%20%26%20CONTENTS%29.pdf Jahn Kassim, Puteri Nemie (2020) Mediation: medical disputes. In: Alternative dispute resolution: law and practice. CLJ Publication, Selangor, Malaysia, pp. 299-310. ISBN 9789674571443
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic K Law (General)
spellingShingle K Law (General)
Jahn Kassim, Puteri Nemie
Mediation: medical disputes
description 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
author2 Yaakob, Adnan
author_facet Yaakob, Adnan
Jahn Kassim, Puteri Nemie
format Book Chapter
author Jahn Kassim, Puteri Nemie
author_sort Jahn Kassim, Puteri Nemie
title Mediation: medical disputes
title_short Mediation: medical disputes
title_full Mediation: medical disputes
title_fullStr Mediation: medical disputes
title_full_unstemmed Mediation: medical disputes
title_sort mediation: medical disputes
publisher CLJ Publication
publishDate 2020
url 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
first_indexed 2023-09-18T21:51:05Z
last_indexed 2023-09-18T21:51:05Z
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