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/ http://irep.iium.edu.my/43691/ http://irep.iium.edu.my/43691/1/43691.pdf http://irep.iium.edu.my/43691/4/43691_Compensating%20cerebral%20palsy%20cases_SCOPUS.pdf

id	iium-43691
recordtype	eprints
spelling	iium-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 PeerReviewed 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
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 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/ http://irep.iium.edu.my/43691/ http://irep.iium.edu.my/43691/1/43691.pdf http://irep.iium.edu.my/43691/4/43691_Compensating%20cerebral%20palsy%20cases_SCOPUS.pdf
first_indexed	2023-09-18T21:02:12Z
last_indexed	2023-09-18T21:02:12Z
_version_	1777410698007019520

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

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