We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

AUSTRALIA INSURANCE LAW - Research Paper Example

Comments (0)
In the current scenario medical negligence is causing an unpredictable situation for Insurance companies for insurance of professional person within Australia. In this paper, the selected legal reforms for review are classified into categories of extra-litigation, litigation and…
Download full paper
Read TextPreview

Extract of sample

Download file to see previous pages... In Australia, the Medical Insurance law is designed mainly to deter medical negligence as well as to compensate patients who are injured by negligent doctors and other health-care professionals. Where compensation is concerned, several studies have shown a significant mismatch between claims and negligent injuries, i.e. only a small proportion of negligent injuries results in claims (the iatrogenic pyramid) (Lavenant, 2002, 4) and only a small proportion of claims involve true negligent injury. (Liebman, 2004, 24) This suggests that many injured patients do not sue for compensation while others readily attribute poor clinical outcomes to negligence. If an injured patient sues because he wants an explanation or apology rather than monetary compensation, then litigation may not be the appropriate solution, as opposed to alternative dispute resolution (ADR). Moreover, medical disputes that arise from poor clinical outcomes can be settled through proper post-event communication instead of litigation.
The determination of appropriate reforms usually takes into account issues on moral justice vis-à-vis public policy. More often than not, reforms are perceived by their opponents as threatening individual rights to institute legal action or to be compensated in whole. On the other
hand, advocates call for reforms to minimise undesirable the economic and non-economic consequences of excessive litigation that may have adverse effects on society. After Rogers v. Whitaker (1992) the court decided it should be decided by the patient if they are willing to undergo a medical treatment. The doctor’s responsibility is to tell patient all about the risks and benefits of any proposed course of treatment. (Love, 2007)
Medical malpractice reform is a multidimensional issue that cannot be perceived from a single viewpoint or addressed using one distinct strategy. Inevitably, there will always be controversy over various reforms. This paper aims critically to review some ...Download file to see next pagesRead More
Comments (0)
Click to create a comment or rate a document
Industrial relations: the case of Commonwealth Bank of Australia
According to the research findings after acquiring a brief idea regarding the various difficulties that the Commonwealth Bank of Australia had already faced, certain alternatives are recognized for the bank to overcome those difficulties. The bank delivers outstanding financial services towards its worldwide customers and strives best for attaining their expected business objectives.
12 Pages(3000 words)Research Paper
Moreover, from the perspective of individual parties transporting goods via vessels, insurance coverage under P&I insurance policies is important for mitigating against any damages or loss of value or actual loss of the goods transported. H&M together with P&I provide complimentary safeguards for the carriage of goods and people by sea and provides all parties involved with a degree of reassurance that the risks that necessarily accompany the movement of people and goods at sea and the damages suffered at sea, will be covered regardless of the shipowners or the charterparty’s inability to satisfy any resulting claims.
20 Pages(5000 words)Coursework
Administrative Law (Australia)
ABSTRACT Administrative decision judicial review is the authority vested to review laws, court decisions, policies, or executive powers relevant to subjudice matters. The judicial reviews have been imposed in many states in search of equity and fair judgments.Judicial review has been made part of Australia’s legal process although there are no clear provisions in the constitution.
7 Pages(1750 words)Research Paper
Intellectual Property Law
). Based on the nature, IP can be divided as Industrial property and Copyright. Patents, trademarks and designs, normally come under Industrial property whereas literary and artistic works come under Copyright. This paper analyses the History of intellectual property law, Types of Intellectual property law, Intellectual property law in Australia and My opinions about intellectual property law History of intellectual property law Intellectual property law emerged under the Elizabethan era in the form of royal favours granted by the King or the lord of the land to the introducers of new techniques.
8 Pages(2000 words)Research Paper
Law and the public's health: Controversy, contraception, and conscience: insurance coverage standards under the patient protecti
There are various controversies pertaining health matters and this is the sole reason as to why patients are given stability and flexibility they require in making informed decisions and choices about their health. According to the Protection and Affordable Care Act, the health care of the consumers (patients) is in their own hands.
3 Pages(750 words)Research Paper
Promoting education of Islamic Finance In Australia
Islamic finance is a rapidly growing industry in the financial system considering that 20% of the world’s population is Muslim and Islam being the third largest religion. Australia is one of the countries that
2 Pages(500 words)Research Paper
Taking shareholder rights seriously. ( Australia Enterprise Law)
espouse their causes effectively, and they have been relegated to the position of second fiddling to the decisions of the majority shareholders, who have representation in the management or they are in a position to influence the decision making process in their best interest.
16 Pages(4000 words)Research Paper
How well does insurance contract regulation work
There are two parties involved, the insurer which is the insurance company proffering or selling the insurance and the insured, widely known as policyholder, an entity or a person buying the insurance policy. The payment settled out for the insurance policy according to the
10 Pages(2500 words)Research Paper
Insurance law
The doctrine of utmost good faith has limited to no applicability outside the insurance sector. In particular, it is overtaken by numerous developments within the
17 Pages(4250 words)Research Paper
Insurance law
However, some policies are mandatory as per the constitution of America; for instance, one has to have an insurance cover for any automobile. 1. Third-party insurance-this type of insurance covers the risks for the other party who has incurred a predetermined loss
3 Pages(750 words)Research Paper
Let us find you another Research Paper on topic AUSTRALIA INSURANCE LAW for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us