Developing a holistic approach for medical injuries compensation: the strength of community responsibilities

The efficiency and relevancy of the tort system in offering adequate redress for victims of medical injuries has become a global concern. The tort system’s emphasis on fault, personal blame and individual responsibility has not been successful in functioning as a mechanism that is able to enhance pa...

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Main Authors:	Mohd Najid, Khadijah, Jahn Kassim, Puteri Nemie
Format:	Book Chapter
Language:	English
Published:	USIM Press, Universiti Sains Islam Malaysia 2018
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/68941/ http://irep.iium.edu.my/68941/ http://irep.iium.edu.my/68941/1/68941_Developing%20a%20holistic%20approach.pdf

id	iium-68941
recordtype	eprints
spelling	iium-689412019-01-14T02:26:16Z http://irep.iium.edu.my/68941/ Developing a holistic approach for medical injuries compensation: the strength of community responsibilities Mohd Najid, Khadijah Jahn Kassim, Puteri Nemie K Law (General) The efficiency and relevancy of the tort system in offering adequate redress for victims of medical injuries has become a global concern. The tort system’s emphasis on fault, personal blame and individual responsibility has not been successful in functioning as a mechanism that is able to enhance patient safety as a whole, as it triggers negative implications such as inadequate monetary compensation, overburdened healthcare providers, and consequently, ineffective deterrence towards neglectful conduct. The flaws in the tort system had prompted the move from a system that is based on individual responsibility towards a no-fault system that is based on collective responsibilities. Founded on the ideals of distributive justice, the no-fault system shifts the focus away from individual fault and places more emphasis on victim’s rehabilitation. It further leads to an establishment of a systematic injury prevention system by enhancing co-operative community support as well as educational reform. The attributes of the no-fault system, is seen to be in line with the Islamic system of diyah, which accentuates the role of the community as central to the administration of justice, and places mutual responsibility to provide assistance for victims of medical injuries within the community. The system of diyah further represents a holistic method of economic empowerment which enables the setup of a multidimensional welfare system in caring for the disadvantaged in the community. The strength of community responsibilities should not be overlooked as it has the power to be a central driving force towards a good healthcare system and a prosperous society. USIM Press, Universiti Sains Islam Malaysia 2018-12-01 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/68941/1/68941_Developing%20a%20holistic%20approach.pdf Mohd Najid, Khadijah and Jahn Kassim, Puteri Nemie (2018) Developing a holistic approach for medical injuries compensation: the strength of community responsibilities. In: Contemporary and emerging issues in Syariah and Law. USIM Press, Universiti Sains Islam Malaysia, Nilai, Negeri Sembilan, pp. 99-108. ISBN 978-967-440-588-5 http://mybookstore.usim.edu.my/index.php?route=product/category&path=46&page=2
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Mohd Najid, Khadijah Jahn Kassim, Puteri Nemie Developing a holistic approach for medical injuries compensation: the strength of community responsibilities
description	The efficiency and relevancy of the tort system in offering adequate redress for victims of medical injuries has become a global concern. The tort system’s emphasis on fault, personal blame and individual responsibility has not been successful in functioning as a mechanism that is able to enhance patient safety as a whole, as it triggers negative implications such as inadequate monetary compensation, overburdened healthcare providers, and consequently, ineffective deterrence towards neglectful conduct. The flaws in the tort system had prompted the move from a system that is based on individual responsibility towards a no-fault system that is based on collective responsibilities. Founded on the ideals of distributive justice, the no-fault system shifts the focus away from individual fault and places more emphasis on victim’s rehabilitation. It further leads to an establishment of a systematic injury prevention system by enhancing co-operative community support as well as educational reform. The attributes of the no-fault system, is seen to be in line with the Islamic system of diyah, which accentuates the role of the community as central to the administration of justice, and places mutual responsibility to provide assistance for victims of medical injuries within the community. The system of diyah further represents a holistic method of economic empowerment which enables the setup of a multidimensional welfare system in caring for the disadvantaged in the community. The strength of community responsibilities should not be overlooked as it has the power to be a central driving force towards a good healthcare system and a prosperous society.
format	Book Chapter
author	Mohd Najid, Khadijah Jahn Kassim, Puteri Nemie
author_facet	Mohd Najid, Khadijah Jahn Kassim, Puteri Nemie
author_sort	Mohd Najid, Khadijah
title	Developing a holistic approach for medical injuries compensation: the strength of community responsibilities
title_short	Developing a holistic approach for medical injuries compensation: the strength of community responsibilities
title_full	Developing a holistic approach for medical injuries compensation: the strength of community responsibilities
title_fullStr	Developing a holistic approach for medical injuries compensation: the strength of community responsibilities
title_full_unstemmed	Developing a holistic approach for medical injuries compensation: the strength of community responsibilities
title_sort	developing a holistic approach for medical injuries compensation: the strength of community responsibilities
publisher	USIM Press, Universiti Sains Islam Malaysia
publishDate	2018
url	http://irep.iium.edu.my/68941/ http://irep.iium.edu.my/68941/ http://irep.iium.edu.my/68941/1/68941_Developing%20a%20holistic%20approach.pdf
first_indexed	2023-09-18T21:37:50Z
last_indexed	2023-09-18T21:37:50Z
_version_	1777412940343803904

Developing a holistic approach for medical injuries compensation: the strength of community responsibilities

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