Apologies and liability in tortious matters: issues in medical malpractice
Topic: Apologies and liability in tortious matters: issues in medical malpractice
Presenter: Professor Prue Vines - The University of New South Wales
Most jurisdictions in the common law world now have laws protective of apologies in tortious matters. These laws may not be as effective as their propounders wish, since they are often based on unwarranted assumptions as to their effect and the interactions of apologies with the legal system are complex and hard to predict. One major area where apologies are being emphasised is the area of medical malpractice. In Australia this is through the process of Open disclosure which is being rolled out through the public and private health systems. The paper examines whether the open disclosure process's use of apologies is likely to be productive of the effect sought by legislators, ie the reduction of litigation and why.
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Contact: Beth Williams, ph: 334 69350, email: marketing@law.uq.edu.au
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