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https://ptsldigital.ukm.my/jspui/handle/123456789/515543Full metadata record
| DC Field | Value | Language |
|---|---|---|
| dc.contributor.advisor | Siti Naaishah Hambali | - |
| dc.contributor.author | Solmaz Khodapanahandeh (P52489) | - |
| dc.date.accessioned | 2023-10-16T08:55:49Z | - |
| dc.date.available | 2023-10-16T08:55:49Z | - |
| dc.date.issued | 2016-07-25 | - |
| dc.identifier.other | ukmvital:119795 | - |
| dc.identifier.uri | https://ptsldigital.ukm.my/jspui/handle/123456789/515543 | - |
| dc.description | This thesis is a study of alternative ways for patients to seek remedies for suffering arising out of medical malpractice incidents. Tort is generally considered an inefficient system for providing compensation and other non-legal remedies such as explanation and apology. Essentially, the tort system is costly and time-consuming with considerable delays between the occurrence of the incident and the securing of compensation. In addition, there are also major obstacles involved in suing health care providers including the doctors due to various difficulties especially in obtaining expert evidence, accessing medical records, and the existence of the statutory timelimitation period. The problems and difficulties in securing compensation for medical negligence cases and the increasing dissatisfaction with the tort system have forced many countries to adopt various alternatives. An alternative to tort is the Alternative Dispute Resolution (ADR) system which offers the means to resolve medical negligence disputes outside the court system, including arbitration, mediation, negotiation, conciliation, and early neutral evaluation. This thesis examines the procedural difficulties in the tort system which can be overwhelmed by the mediation process as one of most desirable alternative model that is suitable for medical malpractice cases. Compared to the costly, lengthy, formal, and difficult tort system, ADR attempts to reduce the costs of resolving malpractice cases, facilitates quicker resolution of claims, creates more rational and uniform damage awards, and decreases the adversarial and formal nature of the whole litigation process. This thesis discusses the procedural problems involved in medical malpractice claims and evaluates the introduction and implementation of the mediation mechanism in medical malpractice disputes in Malaysia for overcoming the difficulties associated with the tort system.,Ph.D. | - |
| dc.language.iso | eng | - |
| dc.publisher | UKM, Bangi | - |
| dc.relation | Faculty of Law / Fakulti Undang-undang | - |
| dc.rights | UKM | - |
| dc.subject | Malpractice -- Malaysia | - |
| dc.subject | Universiti Kebangsaan Malaysia -- Dissertations | - |
| dc.subject | Dissertations, Academic -- Malaysia | - |
| dc.title | Procedural problems in medical malpractice claims in Malaysia : mediation as an introduction for reform | - |
| dc.type | Theses | - |
| dc.format.pages | 334 | - |
| dc.identifier.callno | C73.SOL 2016 2 tesis | - |
| Appears in Collections: | Faculty of Law / Fakulti Undang-undang | |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| ukmvital_119795+Source01+Source01.1.PDF Restricted Access | 592.08 kB | Adobe PDF | View/Open | |
| ukmvital_119795+Source01+Source010.PDF Restricted Access | 1.76 MB | Adobe PDF |  View/Open |
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