Could Health Court Be a Solution?

Solmaz Khodapanahandeh, Siti Naaishah Hambali

Abstract


Tort compensation system has been known as inefficient system for delivering compensation as well as non-legal remedy such as explanation and apology. Essentially, the system is costly and lengthy as there is considerable delay between the accident and its compensation, and also it is inequitable and unfair between injured patients. There are some serious obstacles to sue doctors because of the difficulty in obtaining expert evidence. Thus, only few injured patients get compensation. This paper aims to examine the health court as a substitute for the present tort litigation system and explore its merits for solving medical negligence claims. The employed methodology for doing this research is a library one. The data collected both electronically (PubMed, Medline & Google Scholar) and manually (based on different papers, journals, books & researches) and the key words and phrases such as “Medical Negligence”, “Tort system” and “Health Court” were used to obtain public policy studies, case analyses, law review articles and healthcare analysis articles.

Full Text: PDF DOI: 10.5539/ass.v9n15p138

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This work is licensed under a Creative Commons Attribution 3.0 License.

Asian Social Science   ISSN 1911-2017 (Print)   ISSN 1911-2025 (Online)

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