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

Puteri Nemie Jahn Kassim, Shin Ushiro, Khadijah Mohd Najid

研究成果: ジャーナルへの寄稿記事

抄録

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.

元の言語英語
ページ(範囲)335-356
ページ数22
ジャーナルMedicine and Law
34
発行部数2
出版物ステータス出版済み - 1 1 2015

Fingerprint

Jurisprudence
Cerebral Palsy
Compensation and Redress
disability
Quality of Health Care
Malpractice
cause of accident
Disabled Children
causal analysis
Nursing Care
Obstetrics
obstetrics
Accidents
Japan
Economics
Quality of Life
solidarity
pain
quality of life
Costs and Cost Analysis

All Science Journal Classification (ASJC) codes

  • Health Policy
  • Law

これを引用

Compensating cerebral palsy cases : Problems in court litigation and the no-fault alternative. / Kassim, Puteri Nemie Jahn; Ushiro, Shin; Najid, Khadijah Mohd.

:: Medicine and Law, 巻 34, 番号 2, 01.01.2015, p. 335-356.

研究成果: ジャーナルへの寄稿記事

Kassim, Puteri Nemie Jahn ; Ushiro, Shin ; Najid, Khadijah Mohd. / Compensating cerebral palsy cases : Problems in court litigation and the no-fault alternative. :: Medicine and Law. 2015 ; 巻 34, 番号 2. pp. 335-356.
@article{058b56e827a44f688c07374e2db635ce,
title = "Compensating cerebral palsy cases: Problems in court litigation and the no-fault alternative",
abstract = "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.",
author = "Kassim, {Puteri Nemie Jahn} and Shin Ushiro and Najid, {Khadijah Mohd}",
year = "2015",
month = "1",
day = "1",
language = "English",
volume = "34",
pages = "335--356",
journal = "Medicine and Law",
issn = "0723-1393",
publisher = "Yozmot Ltd",
number = "2",

}

TY - JOUR

T1 - Compensating cerebral palsy cases

T2 - Problems in court litigation and the no-fault alternative

AU - Kassim, Puteri Nemie Jahn

AU - Ushiro, Shin

AU - Najid, Khadijah Mohd

PY - 2015/1/1

Y1 - 2015/1/1

N2 - 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.

AB - 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.

UR - http://www.scopus.com/inward/record.url?scp=85000501888&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85000501888&partnerID=8YFLogxK

M3 - Article

AN - SCOPUS:85000501888

VL - 34

SP - 335

EP - 356

JO - Medicine and Law

JF - Medicine and Law

SN - 0723-1393

IS - 2

ER -