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HOW CAN ASIAN COUNTRIES DEAL WITH MEDICAL LIABILITY AND PATIENT COMPENSATION
Vera Lúcia Raposo
2015-07
Source PublicationInternational Journal of Social Science
ISSN2454-5899
Volume1Issue:1Pages:942-956
Abstract

All around the world countries are trying to find a solution to deal with medical liability and patient compensation. Some legal orders have opted for a no-fault system, in which the patient is compensated once certain requisites are fulfilled, which are apparently less demanding than the ones required for granting compensation in light of tort liability. However, many of the advantages of the no-fault model are actually illusory. In addition, this model is not suitable for most legal orders and certainly not for Asian countries, as the present paper intends to demonstrate. Conversely, we sustain the maintenance of the traditional model based on negligence (from the doctor or from the institution), but modified and complemented by some notes typical of the no-fault system and by the so-called alternative dispute resolution mechanisms.

KeywordAccountability Alternative Dispute Resolution Compensation Health Courts Liability Medical Malpractice Negligence No-fault Patient Safety
DOI10.20319/pijss.2015.s11.942956
Language英語English
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Document TypeJournal article
CollectionUniversity of Macau
Corresponding AuthorVera Lúcia Raposo
AffiliationFaculty of Law, University of Macau, Macau, China
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Vera Lúcia Raposo. HOW CAN ASIAN COUNTRIES DEAL WITH MEDICAL LIABILITY AND PATIENT COMPENSATION[J]. International Journal of Social Science, 2015, 1(1), 942-956.
APA Vera Lúcia Raposo.(2015). HOW CAN ASIAN COUNTRIES DEAL WITH MEDICAL LIABILITY AND PATIENT COMPENSATION. International Journal of Social Science, 1(1), 942-956.
MLA Vera Lúcia Raposo."HOW CAN ASIAN COUNTRIES DEAL WITH MEDICAL LIABILITY AND PATIENT COMPENSATION".International Journal of Social Science 1.1(2015):942-956.
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