HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Saturday, January 1, 2022

Justice Delayed is Justice Denied: Strategic Settlements in Medical Malpractice Lawsuits

Hidenori Takahashi (Osaka University), Justice Delayed is Justice Denied: Strategic Settlements in Medical Malpractice Lawsuits, SSRN (2021):

Delayed justice jeopardizes the function of a just and fair system, disturbing the balance of bargaining powers among litigants in negotiating settlement agreements. We empirically demonstrate that delayed justice brings about heterogeneous responses in the timing of a settlement: the hazard rate of settlement with compensation rises whereas the hazard rate of settlement without compensation does not. We elucidate the findings in a dynamic bargaining model of litigation and show all participating parties but the liable defendant is worse off as a result of delayed justice, explicating the legal maxim: justice delayed is justice denied.

https://lawprofessors.typepad.com/healthlawprof_blog/2022/01/justice-delayed-is-justice-denied-strategic-settlements-in-medical-malpractice-lawsuits.html

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