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Torts

Selected Works

2009

Medical malpractice

Articles 1 - 2 of 2

Full-Text Articles in Law

The Regulation Of Medical Malpractice In Japan, Robert Leflar Dec 2008

The Regulation Of Medical Malpractice In Japan, Robert Leflar

Robert B Leflar

How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; …

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The Synergy Of Early Offers And Medical Explanations/Apologies, Christopher J. Robinette Dec 2008

The Synergy Of Early Offers And Medical Explanations/Apologies, Christopher J. Robinette

Christopher J Robinette

Medical malpractice law has been subjected to strong criticism by both medical and legal commentators. It has been challenged as inefficient, inaccurate, and even counterproductive. Although many reforms have been proposed, most tend to benefit one group - either physicians or patients - to the exclusion of the other.

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