The million-dollar baby claims: rethinking birth injuries compensation in the digital age

The digital age has tremendously affected the practice of medicine. New discoveries and advanced machineries are revolutionizing the healthcare system at an accelerated pace, offering lifesaving innovations and improved operational efficiencies. Consequently, for severely disabled victims of birth i...

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Main Authors: Mohd Najid, Khadijah, Jahn Kassim, Puteri Nemie
Format: Proceeding Paper
Language:English
Published: On İki Levha Yayincilik A. Ş. 2019
Subjects:
Online Access:http://irep.iium.edu.my/71837/
http://irep.iium.edu.my/71837/29/71837%20The%20Million-Dollar%20Baby%20Claims.pdf
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author Mohd Najid, Khadijah
Jahn Kassim, Puteri Nemie
author_facet Mohd Najid, Khadijah
Jahn Kassim, Puteri Nemie
author_sort Mohd Najid, Khadijah
building IIUM Repository
collection Online Access
description The digital age has tremendously affected the practice of medicine. New discoveries and advanced machineries are revolutionizing the healthcare system at an accelerated pace, offering lifesaving innovations and improved operational efficiencies. Consequently, for severely disabled victims of birth injuries, digital healthcare has brought forth technological solutions that offer not only an improved quality of life, but also the ability to lengthen their lifespan. Various assistive technologies and rehabilitation robotics are introduced to aid their independence, bridging gaps between victims and society as well as minimizing the implications of disability. However, the availability of these groundbreaking treatments and issues in life expectancy has led to an exorbitant increase in the amount of compensation demanded by these severely disabled babies to millions of dollars. The notion of restorative justice which the Malaysian tort system upholds requires that the victim be “restored as much as possible to the position prior to the incident” has often been cited as justification in procuring these inflated amount of compensation from the medical providers. The financial burden imposed on the medical providers had led them to subsequently pass on these costs to the society in the form of increased medical prices. This phenomenon is rather worrying as the amount of compensation can escalate further with digital technology moving at a lightning speed and in the long run, the society will eventually suffer. Hence, this paper seeks to discuss the current compensation trend in Malaysia for severely disabled victims of birth injuries and the contemporary issues reflecting the interplay between the developing digital healthcare age and compensation, as well as the possible effects it would bring to the Malaysian healthcare system as a whole.
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institution International Islamic University Malaysia
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language English
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spelling iium-718372019-04-26T02:09:30Z http://irep.iium.edu.my/71837/ The million-dollar baby claims: rethinking birth injuries compensation in the digital age Mohd Najid, Khadijah Jahn Kassim, Puteri Nemie K Law (General) The digital age has tremendously affected the practice of medicine. New discoveries and advanced machineries are revolutionizing the healthcare system at an accelerated pace, offering lifesaving innovations and improved operational efficiencies. Consequently, for severely disabled victims of birth injuries, digital healthcare has brought forth technological solutions that offer not only an improved quality of life, but also the ability to lengthen their lifespan. Various assistive technologies and rehabilitation robotics are introduced to aid their independence, bridging gaps between victims and society as well as minimizing the implications of disability. However, the availability of these groundbreaking treatments and issues in life expectancy has led to an exorbitant increase in the amount of compensation demanded by these severely disabled babies to millions of dollars. The notion of restorative justice which the Malaysian tort system upholds requires that the victim be “restored as much as possible to the position prior to the incident” has often been cited as justification in procuring these inflated amount of compensation from the medical providers. The financial burden imposed on the medical providers had led them to subsequently pass on these costs to the society in the form of increased medical prices. This phenomenon is rather worrying as the amount of compensation can escalate further with digital technology moving at a lightning speed and in the long run, the society will eventually suffer. Hence, this paper seeks to discuss the current compensation trend in Malaysia for severely disabled victims of birth injuries and the contemporary issues reflecting the interplay between the developing digital healthcare age and compensation, as well as the possible effects it would bring to the Malaysian healthcare system as a whole. On İki Levha Yayincilik A. Ş. 2019 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/71837/29/71837%20The%20Million-Dollar%20Baby%20Claims.pdf Mohd Najid, Khadijah and Jahn Kassim, Puteri Nemie (2019) The million-dollar baby claims: rethinking birth injuries compensation in the digital age. In: 8th International Conference on Law & Society (ICLAS 8), 6th April 2019, Istanbul, Turkey.
spellingShingle K Law (General)
Mohd Najid, Khadijah
Jahn Kassim, Puteri Nemie
The million-dollar baby claims: rethinking birth injuries compensation in the digital age
title The million-dollar baby claims: rethinking birth injuries compensation in the digital age
title_full The million-dollar baby claims: rethinking birth injuries compensation in the digital age
title_fullStr The million-dollar baby claims: rethinking birth injuries compensation in the digital age
title_full_unstemmed The million-dollar baby claims: rethinking birth injuries compensation in the digital age
title_short The million-dollar baby claims: rethinking birth injuries compensation in the digital age
title_sort million-dollar baby claims: rethinking birth injuries compensation in the digital age
topic K Law (General)
url http://irep.iium.edu.my/71837/
http://irep.iium.edu.my/71837/29/71837%20The%20Million-Dollar%20Baby%20Claims.pdf