Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative

Obstetrics and Gynaecology (O & G) is among the specialties at high risk of malpractice claims. In particular, obstetric malpractice attracts high incidence of claims as birth injuries are usually serious and devastating. The resulting disabilities and malformation from the injuries also tend to...

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Main Authors:	Jahn Kassim, Puteri Nemie, Mohd Najid, Khadijah
Format:	Conference or Workshop Item
Language:	English English
Published:	2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/41012/ http://irep.iium.edu.my/41012/4/Resolving_Obstetric_Malpractice_ICLAS_3_PNemie_Khadijah.pdf http://irep.iium.edu.my/41012/7/ICLASS_III.pdf

id	iium-41012
recordtype	eprints
spelling	iium-410122018-06-19T07:55:02Z http://irep.iium.edu.my/41012/ Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative Jahn Kassim, Puteri Nemie Mohd Najid, Khadijah K Law (General) Obstetrics and Gynaecology (O & G) is among the specialties at high risk of malpractice claims. In particular, obstetric malpractice attracts high incidence of claims as birth injuries are usually serious and devastating. The resulting disabilities and malformation from the injuries also tend to be life-long and such victims are usually deprived of years of enjoyment in life, independence and productivity. As these injuries occur on the victims early in life, the costs of medical care are usually enormous, thus, imposing stressful and heavy burden on the family members as well as the medical providers. Further, proving obstetric malpractice is not an easy task with years of litigation, which may eventually not provide victims with monetary compensation if unsuccessful. Nevertheless, the increase in obstetric litigation has triggered higher premium for medical indemnity insurance causing many doctors to leave the subspecialty. Even though the doctor at the end may not be found guilty but the trauma of being sued caused them to suffer difficulties in returning to their work. Thus, the inherent difficulties in establishing obstetric malpractice and the hazards of litigation have triggered the move to find alternative methods in compensating for birth injuries. The implementation of a no-fault compensation scheme specifically for birth-related injuries has been viewed as a viable alternative to litigation as it is able to lessen the blame culture and offer speedier compensation to injured victims in a less adversarial manner. Providing adequate compensation for birth-related injuries has been recognized as a social problem that requires community’s attention. Medical care, rehabilitation, and sustenance are social goals, which necessitate collective responsibilities. 2014-06-09 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/41012/4/Resolving_Obstetric_Malpractice_ICLAS_3_PNemie_Khadijah.pdf application/pdf en http://irep.iium.edu.my/41012/7/ICLASS_III.pdf Jahn Kassim, Puteri Nemie and Mohd Najid, Khadijah (2014) Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative. In: International Conference on Law and Society III (ICLAS III), 9th - 11th June 2014, Beyazit, Istanbul. (Unpublished)
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 Mohd Najid, Khadijah Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative
description	Obstetrics and Gynaecology (O & G) is among the specialties at high risk of malpractice claims. In particular, obstetric malpractice attracts high incidence of claims as birth injuries are usually serious and devastating. The resulting disabilities and malformation from the injuries also tend to be life-long and such victims are usually deprived of years of enjoyment in life, independence and productivity. As these injuries occur on the victims early in life, the costs of medical care are usually enormous, thus, imposing stressful and heavy burden on the family members as well as the medical providers. Further, proving obstetric malpractice is not an easy task with years of litigation, which may eventually not provide victims with monetary compensation if unsuccessful. Nevertheless, the increase in obstetric litigation has triggered higher premium for medical indemnity insurance causing many doctors to leave the subspecialty. Even though the doctor at the end may not be found guilty but the trauma of being sued caused them to suffer difficulties in returning to their work. Thus, the inherent difficulties in establishing obstetric malpractice and the hazards of litigation have triggered the move to find alternative methods in compensating for birth injuries. The implementation of a no-fault compensation scheme specifically for birth-related injuries has been viewed as a viable alternative to litigation as it is able to lessen the blame culture and offer speedier compensation to injured victims in a less adversarial manner. Providing adequate compensation for birth-related injuries has been recognized as a social problem that requires community’s attention. Medical care, rehabilitation, and sustenance are social goals, which necessitate collective responsibilities.
format	Conference or Workshop Item
author	Jahn Kassim, Puteri Nemie Mohd Najid, Khadijah
author_facet	Jahn Kassim, Puteri Nemie Mohd Najid, Khadijah
author_sort	Jahn Kassim, Puteri Nemie
title	Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative
title_short	Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative
title_full	Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative
title_fullStr	Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative
title_full_unstemmed	Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative
title_sort	resolving obstetric malpractice cases through collective responsibilities: the preferred alternative
publishDate	2014
url	http://irep.iium.edu.my/41012/ http://irep.iium.edu.my/41012/4/Resolving_Obstetric_Malpractice_ICLAS_3_PNemie_Khadijah.pdf http://irep.iium.edu.my/41012/7/ICLASS_III.pdf
first_indexed	2023-09-18T20:58:45Z
last_indexed	2023-09-18T20:58:45Z
_version_	1777410480856367104

Resolving obstetric malpractice cases through collective responsibilities: the preferred alternative

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