Publication Type

Conference Paper

Version

submittedVersion

Publication Date

7-2018

Abstract

Medical malpractice is an area that traverses a wide range of issues in any society – the qualityand cost of healthcare, the insurance industry, the cost of litigation, the impact on medicalpractice and the heightened emotions arising from injuries or even loss of lives. Evidently, thequestion of compensation for medical malpractice impinges on each of these challenges. Likemany countries, Singapore has been grappling with these issues through implementing variousreforms in the legal and healthcare sectors. Although compensation has historically beenobtained through legal proceedings in the Singapore courts, there is a growing shift towardsadopting a much gentler touch to deal with the unique issue of medical malpractice.This article examines the current legal framework for medical negligence in Singapore and thedifferent ways in which the adversarial approach to medical malpractice proceedings is beingchanged. It concludes with several proposals on how to consolidate and refine the currentreforms.

Keywords

medical negligence, medical malpractice, compensation, healthcare, Bolam, Bolitho, Montgomery, Hii Chii Kok, standard of care, healthcare mediation, medical assessor

Discipline

Asian Studies | Medical Jurisprudence

Research Areas

Private Law

Publication

International Academy of Comparative Law 20th General Congress 2018, July 22-28

Publisher

Springer

City or Country

Fukuoka City, Japan

Copyright Owner and License

Author

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