Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail

This project paper is a social-legal research study on the rights of people to initiate medical negligence claims in Malaysia. Currently, medical negligence litigation in Malaysia is regulated by the tort system in which the fault-based system is used. However, due to certain deficiencies which caus...

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Main Authors:	Yahya, Nurul Aini, Che Ismail, Nur Atiqah
Format:	Student Project
Language:	English
Published:	Faculty of Law 2012
Subjects:	Negligence
Online Access:	http://ir.uitm.edu.my/id/eprint/28236/ http://ir.uitm.edu.my/id/eprint/28236/1/28236.pdf

id	uitm-28236
recordtype	eprints
spelling	uitm-282362020-02-11T08:06:36Z http://ir.uitm.edu.my/id/eprint/28236/ Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail Yahya, Nurul Aini Che Ismail, Nur Atiqah Negligence This project paper is a social-legal research study on the rights of people to initiate medical negligence claims in Malaysia. Currently, medical negligence litigation in Malaysia is regulated by the tort system in which the fault-based system is used. However, due to certain deficiencies which caused the fault-based system to become harsher since it demands a lot of money, time and obligation on the part of the victim to commence a claim, the system is now considered as inefficient to be used as a method to resolve medical negligence disputes. Hence, the most likely possible solution to overcome the harshness and difficulties that medical negligence victims have to go through to initiate a claim is by using alternative dispute resolution (ADR). This research paper shall cover mediation as a solution to medical negligence litigation since due to the loopholes in the current litigation system, many medical negligence victims fail to even bring their claim to the court because they fail to fulfill the requirements demanded by the fault-based system and because of the rigidness of the litigation system, many fail to seek the justice that they deserve. The flexibility and the fact that it consumes less time and money compared to litigation make mediation a mechanism that most people favor in solving medical negligence dispute. A comparative study with Australia and United Kingdom is done to show the need to change our ways to claim for medical negligence which is by resorting to mediation, instead of litigating it at the court. With the recent enforcement of the Mediation Act, it will be easier for victims in Malaysia to initiate a claim for medical negligence which is by choosing mediation since there will be some form of regulations that can be referred to. Thus, through this basic research paper, the victim of medical negligence may gain awareness of their rights to claim and seek remedy by way of mediation. Faculty of Law 2012-12 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/28236/1/28236.pdf Yahya, Nurul Aini and Che Ismail, Nur Atiqah (2012) Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail. [Student Project] (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	Negligence
spellingShingle	Negligence Yahya, Nurul Aini Che Ismail, Nur Atiqah Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail
description	This project paper is a social-legal research study on the rights of people to initiate medical negligence claims in Malaysia. Currently, medical negligence litigation in Malaysia is regulated by the tort system in which the fault-based system is used. However, due to certain deficiencies which caused the fault-based system to become harsher since it demands a lot of money, time and obligation on the part of the victim to commence a claim, the system is now considered as inefficient to be used as a method to resolve medical negligence disputes. Hence, the most likely possible solution to overcome the harshness and difficulties that medical negligence victims have to go through to initiate a claim is by using alternative dispute resolution (ADR). This research paper shall cover mediation as a solution to medical negligence litigation since due to the loopholes in the current litigation system, many medical negligence victims fail to even bring their claim to the court because they fail to fulfill the requirements demanded by the fault-based system and because of the rigidness of the litigation system, many fail to seek the justice that they deserve. The flexibility and the fact that it consumes less time and money compared to litigation make mediation a mechanism that most people favor in solving medical negligence dispute. A comparative study with Australia and United Kingdom is done to show the need to change our ways to claim for medical negligence which is by resorting to mediation, instead of litigating it at the court. With the recent enforcement of the Mediation Act, it will be easier for victims in Malaysia to initiate a claim for medical negligence which is by choosing mediation since there will be some form of regulations that can be referred to. Thus, through this basic research paper, the victim of medical negligence may gain awareness of their rights to claim and seek remedy by way of mediation.
format	Student Project
author	Yahya, Nurul Aini Che Ismail, Nur Atiqah
author_facet	Yahya, Nurul Aini Che Ismail, Nur Atiqah
author_sort	Yahya, Nurul Aini
title	Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail
title_short	Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail
title_full	Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail
title_fullStr	Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail
title_full_unstemmed	Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail
title_sort	mediation resolving medical negligence litigation / nurul aini yahya and nur atiqah che ismail
publisher	Faculty of Law
publishDate	2012
url	http://ir.uitm.edu.my/id/eprint/28236/ http://ir.uitm.edu.my/id/eprint/28236/1/28236.pdf
first_indexed	2023-09-18T23:19:51Z
last_indexed	2023-09-18T23:19:51Z
_version_	1777419358036819968

Mediation resolving medical negligence litigation / Nurul Aini Yahya and Nur Atiqah Che Ismail

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