TortsProf Blog

Editor: Christopher J. Robinette
Widener Univ. School of Law

A Member of the Law Professor Blogs Network

Tuesday, May 19, 2009

Robinette on Early Offers and Apologies

Our own Chris Robinette has just published "The Synergy of Early Offers and Medical Explanations/Apologies" in Northwestern Law Review's Colloquy.  As the Introduction explains,

Medical malpractice law has been subjected to strong criticism by both medical and legal commentators. It has been challenged as inefficient, inaccurate, and even counterproductive.  Although many reforms have been proposed, most tend to benefit one group—either physicians or patients—to the exclusion of the other.  Professor Jeffrey O’Connell’s “early offers” proposal provides a reform of the system that is beneficial to plaintiffs, defendants, and society as a whole. Although some attention has been paid to combining early offers with explanations of the incident or with apologies, the idea has never received a focused analysis.  Recent scholarship on explanations and apologies allows greater insight into the role they play in conflict resolution, and their importance to an early offers proposal in the field of medical malpractice.  This Essay considers such scholarship and explores the advantages of combining early offers with explanations of the incident and/or apologies.

- SBS

http://lawprofessors.typepad.com/tortsprof/2009/05/robinette-on-early-offers-and-apologies.html

Scholarship | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef01156f9f54ec970c

Listed below are links to weblogs that reference Robinette on Early Offers and Apologies:

Comments

Post a comment