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Mediation as a Panacea for Medical Malpractice; A Mutually Beneficial Option?

Mediation as a Panacea for Medical Malpractice; A Mutually Beneficial Option? PDF Author: Temitayo Bello
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
Mediation is germane in resolving critical disputes at the expense of litigation. Both the victims and offenders are always at the receiving end in pains and remedy. Medical professionals are trained to stand out in rendering services with zeal, commitment and dedication. The article has looked into different jurisdictional stands on medical malpractice mediation and different laws governing medical malpractice mediations in those jurisdictions namely The United Kingdom, The United States of America and Canada among others. This article investigates the various aspects of negligence in the medical field and found out that they were significant. It discusses the cases and experiences of medical negligence within the context of tortious liability. The article reveals that medical negligence can be mediated successfully, that it is in vogue and is being utilized by many countries to resolve medical negligence disputes. The article recommended that medical malpractice should be mediated with a legal framework that will strike a comfortable balance between the rights of the patients and the duties of the health practitioners.

Mediation as a Panacea for Medical Malpractice; A Mutually Beneficial Option?

Mediation as a Panacea for Medical Malpractice; A Mutually Beneficial Option? PDF Author: Temitayo Bello
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
Mediation is germane in resolving critical disputes at the expense of litigation. Both the victims and offenders are always at the receiving end in pains and remedy. Medical professionals are trained to stand out in rendering services with zeal, commitment and dedication. The article has looked into different jurisdictional stands on medical malpractice mediation and different laws governing medical malpractice mediations in those jurisdictions namely The United Kingdom, The United States of America and Canada among others. This article investigates the various aspects of negligence in the medical field and found out that they were significant. It discusses the cases and experiences of medical negligence within the context of tortious liability. The article reveals that medical negligence can be mediated successfully, that it is in vogue and is being utilized by many countries to resolve medical negligence disputes. The article recommended that medical malpractice should be mediated with a legal framework that will strike a comfortable balance between the rights of the patients and the duties of the health practitioners.

Defensive Medicine and Medical Malpractice

Defensive Medicine and Medical Malpractice PDF Author:
Publisher:
ISBN:
Category : Defensive medicine
Languages : en
Pages : 192

Book Description


Online Dispute Resolution for Consumers in the European Union

Online Dispute Resolution for Consumers in the European Union PDF Author: Pablo Cortés
Publisher: Routledge
ISBN: 1136943501
Category : Law
Languages : en
Pages : 283

Book Description
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

Journal of Dispute Resolution

Journal of Dispute Resolution PDF Author:
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 680

Book Description


Perceptions in Litigation and Mediation

Perceptions in Litigation and Mediation PDF Author: Tamara Relis
Publisher: Cambridge University Press
ISBN: 1139475770
Category : Law
Languages : en
Pages : 285

Book Description
Offering interdisciplinary insights from sociological, psychological and gender studies, this book addresses this question: how do professional, lay and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires and observations of plaintiffs, defendants, lawyers and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors' discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system.

Review of Civil Litigation Costs

Review of Civil Litigation Costs PDF Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780117064034
Category : Law
Languages : en
Pages : 388

Book Description
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.

Jury Trial Innovations

Jury Trial Innovations PDF Author: G. T. Munsterman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 342

Book Description


Malpractice and Medical Liability

Malpractice and Medical Liability PDF Author: Santo Davide Ferrara
Publisher: Springer Science & Business Media
ISBN: 3642358314
Category : Medical
Languages : en
Pages : 374

Book Description
Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.​

The Oxford Handbook of Behavioral Economics and the Law

The Oxford Handbook of Behavioral Economics and the Law PDF Author: Eyal Zamir
Publisher: Oxford Handbooks
ISBN: 0199945470
Category : Business & Economics
Languages : en
Pages : 841

Book Description
'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.

Good Economics for Hard Times

Good Economics for Hard Times PDF Author: Abhijit V. Banerjee
Publisher: PublicAffairs
ISBN: 1541762878
Category : Business & Economics
Languages : en
Pages : 398

Book Description
The winners of the Nobel Prize show how economics, when done right, can help us solve the thorniest social and political problems of our day. Figuring out how to deal with today's critical economic problems is perhaps the great challenge of our time. Much greater than space travel or perhaps even the next revolutionary medical breakthrough, what is at stake is the whole idea of the good life as we have known it. Immigration and inequality, globalization and technological disruption, slowing growth and accelerating climate change--these are sources of great anxiety across the world, from New Delhi and Dakar to Paris and Washington, DC. The resources to address these challenges are there--what we lack are ideas that will help us jump the wall of disagreement and distrust that divides us. If we succeed, history will remember our era with gratitude; if we fail, the potential losses are incalculable. In this revolutionary book, renowned MIT economists Abhijit V. Banerjee and Esther Duflo take on this challenge, building on cutting-edge research in economics explained with lucidity and grace. Original, provocative, and urgent, Good Economics for Hard Times makes a persuasive case for an intelligent interventionism and a society built on compassion and respect. It is an extraordinary achievement, one that shines a light to help us appreciate and understand our precariously balanced world.