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Laws, Volume 14, Issue 4
August 2025 - 18 articles
Cover Story: The agony of medical negligence is well-documented. Clinicians are often called “second victims,” while patients say litigation is traumatic, slow, costly, and rarely meets their needs. Lawyers note that many firms refuse such cases as too complex and expensive. This article uses a qualitative case study design to examine two US cases about an alternative: the communication and resolution program (CRP). CRPs involve hospitals disclosing harm, investigating and explaining what happened, apologising, and sometimes offering compensation. CRPs have not replaced tort law in the US. The two case studies provide rare insights into the experiences of those affected. They show how open, compassionate, non-litigation approaches can resolve disputes, meet patients’ needs, and offer lessons for reshaping how we respond to healthcare injury. View this paper
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