1. Economic theory
In this theory by Patricia Danzon, she argued that professional liability systems are necessary in situations where asymmetric information exists . Medical practitioners have better information in the medical field than the patients and this is a gap in the medical field. The theorist went ahead and said that the purpose of a liability system like the medical malpractice system has two aspects; this is to curb medical negligence in addition to compensating patients who are victims of the acts of negligence.
One of the research questions is what the regulatory and legal framework of medical malpractice curbing in Kenya is. Based on this theory, professional liability system is necessary in this type of medical practitioner …show more content…
The theory is influential in law especially in context of my topic that touches on medical negligence and is related to tort law. In my last research question, it states, is the current complaint and disciplinary proceedings system for medical malpractice efficient and upholding the constitutional right to health. This theory explains on first order duties that prohibit inflicting an injury (either negligently or full stop). In addition, it brings in second order duties that are duties of repair in tort. These duties do come up when the first order duties are breached. This means that, the second order duties arise follows from the principle of corrective justice, which brings out the argument that an individual who in his conduct causes wrongful losses has a duty to repair them. These wrongdoers are always morally liable for the wrongful losses. It need only be a loss incident to the violation of the victim’s rights−a right correlative to the wrongdoer's first-order duty which in this case is the right to health. The patient who is the victim always has a right that needs to be protected i.e. the right to health. This right is connected to the health practitioners first order duty that prohibits inflicting an injury in this case negligently. However, in case the second order duty arises when the health practitioner breaches the first order duty, there is a duty for the practitioner to repair them. This means that the practitioner has to be liable as in the case of medical negligence towards a victim (patient). This in all brings the relevance of corrective justice theory in this research
In this theory by Patricia Danzon, she argued that professional liability systems are necessary in situations where asymmetric information exists . Medical practitioners have better information in the medical field than the patients and this is a gap in the medical field. The theorist went ahead and said that the purpose of a liability system like the medical malpractice system has two aspects; this is to curb medical negligence in addition to compensating patients who are victims of the acts of negligence.
One of the research questions is what the regulatory and legal framework of medical malpractice curbing in Kenya is. Based on this theory, professional liability system is necessary in this type of medical practitioner …show more content…
The theory is influential in law especially in context of my topic that touches on medical negligence and is related to tort law. In my last research question, it states, is the current complaint and disciplinary proceedings system for medical malpractice efficient and upholding the constitutional right to health. This theory explains on first order duties that prohibit inflicting an injury (either negligently or full stop). In addition, it brings in second order duties that are duties of repair in tort. These duties do come up when the first order duties are breached. This means that, the second order duties arise follows from the principle of corrective justice, which brings out the argument that an individual who in his conduct causes wrongful losses has a duty to repair them. These wrongdoers are always morally liable for the wrongful losses. It need only be a loss incident to the violation of the victim’s rights−a right correlative to the wrongdoer's first-order duty which in this case is the right to health. The patient who is the victim always has a right that needs to be protected i.e. the right to health. This right is connected to the health practitioners first order duty that prohibits inflicting an injury in this case negligently. However, in case the second order duty arises when the health practitioner breaches the first order duty, there is a duty for the practitioner to repair them. This means that the practitioner has to be liable as in the case of medical negligence towards a victim (patient). This in all brings the relevance of corrective justice theory in this research