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Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative

Children having cerebral palsy will incur life-long disabilities, which require high costs of medical and nursing care. This imposes a tremendous burden on the families of the affected children, whether financially or emotionally. It is understandable for the affected families to initiate court lit...

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Main Authors: Jahn Kassim, Puteri Nemie, Ushiro, Shin, Mohd Najid, Khadijah
Format: Article
Language:English
English
Published: World Association of Medical Law 2015
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/43691/1/43691.pdf
http://irep.iium.edu.my/43691/4/43691_Compensating%20cerebral%20palsy%20cases_SCOPUS.pdf
http://irep.iium.edu.my/43691/
http://wafml.memberlodge.org/page-1150634
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spelling my.iium.irep.436912017-11-24T09:01:59Z http://irep.iium.edu.my/43691/ Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative Jahn Kassim, Puteri Nemie Ushiro, Shin Mohd Najid, Khadijah K Law (General) Children having cerebral palsy will incur life-long disabilities, which require high costs of medical and nursing care. This imposes a tremendous burden on the families of the affected children, whether financially or emotionally. It is understandable for the affected families to initiate court litigation in order to alleviate the financial burden and at the same time to overcome the emotional pain associated with the permanent and lifetime implications which cerebral palsy entails. However, suing for such injuries in court and identification of medical malpractice is not an easy task for the families. Further, court litigation tends to be tedious, lengthy and unpleasant. The hazards of litigation have prompted several countries to find an available alternative to court litigation, such as the implementation of a no-fault compensation system, to settle these types of claims. Thus, it is much applauded that the Japan Obstetric Compensation System for Cerebral Palsy was established in January 2009, with the aim of helping children with such disabilities to improve their quality of life and to provide monetary compensation in order to lessen the economic burden on the family. The system features two vital pillars; that is, compensation and causal analysis prevention. The system aims at improving the quality of maternity care and analyzing the causes of accidents in order to prevent similar cases from happening in the future. Overall, the system clearly depicts social solidarity in encouraging collective responsibility for the mishaps suffered by the community. World Association of Medical Law 2015-06-30 Article REM application/pdf en http://irep.iium.edu.my/43691/1/43691.pdf application/pdf en http://irep.iium.edu.my/43691/4/43691_Compensating%20cerebral%20palsy%20cases_SCOPUS.pdf Jahn Kassim, Puteri Nemie and Ushiro, Shin and Mohd Najid, Khadijah (2015) Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative. Medicine and Law Journal, 34 (2). pp. 336-355. ISSN 0723-1393 http://wafml.memberlodge.org/page-1150634
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic K Law (General)
spellingShingle K Law (General)
Jahn Kassim, Puteri Nemie
Ushiro, Shin
Mohd Najid, Khadijah
Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative
description Children having cerebral palsy will incur life-long disabilities, which require high costs of medical and nursing care. This imposes a tremendous burden on the families of the affected children, whether financially or emotionally. It is understandable for the affected families to initiate court litigation in order to alleviate the financial burden and at the same time to overcome the emotional pain associated with the permanent and lifetime implications which cerebral palsy entails. However, suing for such injuries in court and identification of medical malpractice is not an easy task for the families. Further, court litigation tends to be tedious, lengthy and unpleasant. The hazards of litigation have prompted several countries to find an available alternative to court litigation, such as the implementation of a no-fault compensation system, to settle these types of claims. Thus, it is much applauded that the Japan Obstetric Compensation System for Cerebral Palsy was established in January 2009, with the aim of helping children with such disabilities to improve their quality of life and to provide monetary compensation in order to lessen the economic burden on the family. The system features two vital pillars; that is, compensation and causal analysis prevention. The system aims at improving the quality of maternity care and analyzing the causes of accidents in order to prevent similar cases from happening in the future. Overall, the system clearly depicts social solidarity in encouraging collective responsibility for the mishaps suffered by the community.
format Article
author Jahn Kassim, Puteri Nemie
Ushiro, Shin
Mohd Najid, Khadijah
author_facet Jahn Kassim, Puteri Nemie
Ushiro, Shin
Mohd Najid, Khadijah
author_sort Jahn Kassim, Puteri Nemie
title Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative
title_short Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative
title_full Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative
title_fullStr Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative
title_full_unstemmed Compensating cerebral palsy cases: problems in court litigation and the no-fault alternative
title_sort compensating cerebral palsy cases: problems in court litigation and the no-fault alternative
publisher World Association of Medical Law
publishDate 2015
url http://irep.iium.edu.my/43691/1/43691.pdf
http://irep.iium.edu.my/43691/4/43691_Compensating%20cerebral%20palsy%20cases_SCOPUS.pdf
http://irep.iium.edu.my/43691/
http://wafml.memberlodge.org/page-1150634
_version_ 1643612433259954176
score 13.211869

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