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Journal articles on the topic 'Litigation cost'

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Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

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1

Selatole, Moshibudi J., and Collins C. Ngwakwe. "Asymmetry between the cost of medical litigations and the number of medical litigations." Corporate Ownership and Control 13, no. 1 (2015): 356–61. http://dx.doi.org/10.22495/cocv13i1c3p3.

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The impact that rising costs of litigations has had on many countries has seen society deprived of good quality health care and a substantial extra-expenditure in health budgets. The financial and societal costs of medical malpractice litigations have also been a growing cause for concern in the developing country of South Africa. This paper attempted to contribute to the knowledge of this problem in the South African setting by examining settlement costs of medical litigations in one province of the country over a 6 year period, and examining the relationship between these costs and the number of litigations. No correlation was found between the number of litigations and the costs of litigations, this indicates that, aside from the number of litigations, other factors are responsible for rising costs of litigation. The paper recommends that the department should continue monitoring the environmental costs of litigations for budgetary and management purposes; and the need to introduce an electronic integrated medical litigations reporting system, as well as tort reforms to curb the costs of the litigations. This work also calls for substantial further research in terms of what disciplines, what medical errors, and what circumstances greatly influence litigation outcomes.

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2

Lane, Jenni, Rahul Bhome, and Bhaskar Somani. "National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade." Scottish Medical Journal 66, no. 4 (November 2021): 168–74. http://dx.doi.org/10.1177/00369330211052627.

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Background and aims Medical litigation claim and costs in UK are rising. This study aims to analyse the 10-year trend in litigation costs for individual clinical specialties in the UK from 2009/10 to 2018/19. Methods Data were procured from National Health Service (NHS) Resolution. Number of claims, total litigation costs and cost per claim were ascertained for each financial year. The data collected also includes the number of claims and average amount per claim per speciality during the years 2009–2019 (2009/2010 to 2018/2019 financial years). Results The total annual cost of NHS litigation is currently £3.6 billion(2018/2019). Damages make up the greatest proportion of costs(£1.5 billion). Surgical specialties have the greatest number of claims annually(2847) but Obstetrics has the greatest total litigation(£1.9 billion) and cost per claim(£2.6 million). Number of claims, total costs and cost per claim are significantly greater in 2018/2019 than in 2009/2010. Conclusions Addressing the issue of litigations is complex. Medically there are speciality specific issues that require attention, whilst some general measures are common to all: effective communication, setting realistic targets and maintaining a motivated, adequately staffed workforce. These, alongside legal reforms, may reduce the financial burden of increasing litigation on the NHS.

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3

Vervaeke, Ans, and Griet Vermeesch. "The Cost of Litigation." Crime, Histoire & Sociétés, no. 23, n°1 (September 30, 2019): 27–45. http://dx.doi.org/10.4000/chs.2357.

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4

GOLDSTEIN, J. "Alternatives to high-cost litigation." Cornell Hotel and Restaurant Administration Quarterly 36, no. 1 (February 1995): 28–33. http://dx.doi.org/10.1016/s0010-8804(99)80054-8.

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Goldstein, Joseph I. "Alternatives to High-Cost Litigation." Cornell Hotel and Restaurant Administration Quarterly 36, no. 1 (February 1995): 28–33. http://dx.doi.org/10.1177/001088049503600115.

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6

Upperton-Evans, N. "The increasing cost of litigation." Engineering Management 15, no. 2 (April 1, 2005): 18–19. http://dx.doi.org/10.1049/em:20050204.

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7

Keet, Michaela, Heather Heavin, and Shawna Sparrow. "ANTICIPATING AND MANAGING THE PSYCHOLOGICAL COST OF CIVIL LITIGATION." Windsor Yearbook of Access to Justice 34, no. 2 (February 14, 2018): 73–98. http://dx.doi.org/10.22329/wyaj.v34i2.5023.

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Despite growing national attention on the costs of accessing justice, surprisingly little information has been collected about the psychological ‘costs’ of engaging in litigation. This article summarizes the health and psychology literature, to present a picture of the impact that litigation can have on litigants’ health, state of mind, life goals and social relationships. Set against professional obligations embedded in the lawyer’s role, we assert that awareness of the negative impacts of legal processes on the emotional and psychological functioning of clients is important. With greater awareness, lawyers can better assess the value of litigation, prepare their clients (and themselves) for litigation stress, and, where appropriate, take preventative actions to minimize the negative aspects of the litigation experience. With that in mind, we identify positive solution-oriented responses to preventing, reducing and alleviating litigation stress. These strategies focus on client-centred communication, supports and planning.

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8

Saad Mutlaq Eid Al- Ghuwairi, Saad Mutlaq Eid Al Ghuwairi. "Judicial costs in commercial cases and their role in limiting recourse to the judiciary: التكاليف القضائية في القضايا التجارية ودورها في الحد من اللِّجوء للقضاء." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 8 (March 28, 2022): 1–14. http://dx.doi.org/10.26389/ajsrp.b141021.

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In this research, the researcher discussed the court costs issue in the new court cost system issued in the Kingdom of Saudi Arabia in 2021, and how this system has affected and will affect the reduction of merchants and companies' recourse to the commercial court, as the court cost is a new issue in Saudi Arabia and has not been adequately analyzed so far. The researcher used the inductive- deductive method to track and analyze texts to reach the results. In this new system, the regulator wanted to reduce the vexatious litigations that hinder the judicial work within the courts and delay the adjudication of cases and the issuance of judgments in them, which is incompatible with the speed and credit upon which business is based, as well as to encourage individuals to document contracts and financial and commercial transactions. The researcher reached a set of results, including that the court cost system makes pleading before the court more serious by imposing court fees for litigation, and also contributes to reducing the number of vexatious litigations in the commercial field, which leads to improved judgments. The researcher made some recommendations, including the system's need for further improvements to achieve its objectives without compromising the right of individuals and companies to defend their rights and without questioning the free litigation and the right to litigation stipulated in the Basic Law of the Governance.

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9

Yoon, Sung-Soo. "Multiple Taxpayers and Litigation Cost Reimbursement Rules." Journal of the American Taxation Association 22, no. 1 (March 1, 2000): 78–88. http://dx.doi.org/10.2308/jata.2000.22.1.78.

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This study examines whether the existence of multiple taxpayers who have similar cases will affect the settlement/litigation decisions of the Internal Revenue Service (IRS). It also investigates whether changes in tax laws that reduce taxpayers' litigation cost burden will encourage the IRS to settle more tax cases. I find that the existence of just two taxpayers can make the IRS prefer a trial to a settlement even when the IRS would settle if there were a single taxpayer. I also find that changes in litigation cost reimbursement rules favoring taxpayers will not lead to more settlements as expected. Instead, such changes can result in more trials. Litigation cost reimbursement rules decrease taxpayers' total burden in general, but could increase that of those who have strong cases in some settings.

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10

Kerr, Charles D., and Paul Nisselle. "The personal cost of medical litigation." Medical Journal of Australia 181, no. 7 (October 2004): 384–85. http://dx.doi.org/10.5694/j.1326-5377.2004.tb06335.x.

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11

Harrison, WD, B. Narayan, AW Newton, JV Banks, and G. Cheung. "Litigation costs of wrong-site surgery and other non-technical errors in orthopaedic operating theatres." Annals of The Royal College of Surgeons of England 97, no. 8 (November 1, 2015): 592–97. http://dx.doi.org/10.1308/rcsann.2015.0045.

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Introduction This study reviews the litigation costs of avoidable errors in orthopaedic operating theatres (OOTs) in England and Wales from 1995 to 2010 using the National Health Service Litigation Authority Database. Materials and methods Litigation specifically against non-technical errors (NTEs) in OOTs and issues regarding obtaining adequate consent was identified and analysed for the year of incident, compensation fee, cost of legal defence, and likelihood of compensation. Results There were 550 claims relating to consent and NTEs in OOTs. Negligence was related to consent (n=126), wrong-site surgery (104), injuries in the OOT (54), foreign body left in situ (54), diathermy and skin-preparation burns (54), operator error (40), incorrect equipment (25), medication errors (15) and tourniquet injuries (10). Mean cost per claim was £40,322. Cumulative cost for all cases was £20 million. Wrong-site surgery was error that elicited the most successful litigation (89% of cases). Litigation relating to implantation of an incorrect prosthesis (eg right-sided prosthesis in a left knee) cost £2.9 million. Prevalence of litigation against NTEs has declined since 2007. Conclusions Improved patient-safety strategies such as the World Health Organization Surgical Checklist may be responsible for the recent reduction in prevalence of litigation for NTEs. However, addition of a specific feature in orthopaedic surgery, an ‘implant time-out’ could translate into a cost benefit for National Health Service hospital trusts and improve patient safety.

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12

Thornton, D. "The emotional and financial cost of litigation." BMJ 328, no. 7433 (January 24, 2004): 38s—38. http://dx.doi.org/10.1136/bmj.328.7433.s38.

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13

Palmisano, Donald J. "The hidden cost of medical liability litigation." Annals of Thoracic Surgery 78, no. 1 (July 2004): 9–13. http://dx.doi.org/10.1016/j.athoracsur.2004.03.057.

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14

Assareh, Ali. "FORUM SHOPPING AND THE COST OF ACCESS TO JUSTICE: COST AND CERTAINTY IN INTERNATIONAL COMMERCIAL LITIGATION AND ARBITRATION." Journal of Law and Commerce 31 (November 27, 2013): 1–44. http://dx.doi.org/10.5195/jlc.2013.51.

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15

Choi, Albert H., and Kathryn E. Spier. "Class Actions and Private Antitrust Litigation." American Economic Journal: Microeconomics 14, no. 3 (August 1, 2022): 131–63. http://dx.doi.org/10.1257/mic.20200059.

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When firms collude and charge supracompetitive prices, consumers can bring antitrust lawsuits against the firms. When the litigation cost is low, firms accept the cost as just another cost of doing business, whereas when the cost is high, the firms lower the price to deter litigation. Class action is modeled as a mechanism that allows plaintiffs and attorneys to obtain economies of scale. We show that class actions, and the firms’ incentive to block them, may or may not be socially desirable. Agency problems, settlement, fee-shifting, treble damages, public enforcement, and sustaining collusion through repeat play are also considered. (JEL D21, D24, D82, K15, K21, K41, L40)

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16

Hendrianto, Hendrianto. "PILIHAN SENGKETA EKONOMI SYARIAH: KONSEP MELALUI LITIGASI Dan NON LITIGASI." Al-Amwal : Journal of Islamic Economic Law 6, no. 2 (September 20, 2021): 24–39. http://dx.doi.org/10.24256/alw.v6i2.1794.

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This study aims to reveal the comparative norms of sharia economic dispute resolution through litigation and non-litigation, both in terms of settlement time, costs, procedures, settlement institutions, enforcement of rights, and justice.research (Library Library Research Research) Thisuses documentation data collection techniques with data analysis, namely comparative analysis. The results showed that both litigation and non-litigation attempt to apply legal justice in resolving cases. While the differences exist in terms of the relatively long settlement time through litigation, the cost of cases through litigation is relatively expensive, procedures through formal litigation while informal non-litigation, there is only one litigation settlement institution, namely the court, while non-litigation has more variations in deliberation, consultation, mediation, conciliation or assessment of experts and arbitrator, litigation is the enforcement of rights, while non-litigation is not, and through litigation feels less justice, while non-litigation prioritizes the agreement of both parties.

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Chen, Yuanqing. "Judicial Application of Punitive Damages for Ecological Environment Infringement in Civil Public Interest Litigation." Journal of Environmental and Public Health 2022 (September 23, 2022): 1–9. http://dx.doi.org/10.1155/2022/6127388.

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This study aimed to explore the judicial application of punitive damages for ecological environment infringement in civil public interest litigation. Methods. Combined with a case, the judicial application of punitive damages for ecological environment infringement in civil public interest litigation was analyzed. Results. After thinking and judgment, the total cost of repairing the enterprise plot in the case was 2168000 yuan, the cost of environmental functional loss was 57135.45 yuan, the cost of taking relevant emergency measures such as new drinking water and laundry Wharf Engineering was 532860.11 yuan, and the cost of testing and identification was 95670 yuan. Conclusion. The judicial application should be fully considered in the process of civil public interest litigation to ensure that the punitive compensation for ecological environment infringement is more reasonable.

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18

Bardos, Katsiaryna Salavei, and Dev Mishra. "Financial restatements, litigation and implied cost of equity." Applied Financial Economics 24, no. 1 (December 4, 2013): 51–71. http://dx.doi.org/10.1080/09603107.2013.864033.

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19

Harrison, William, Ashley W. Newton, and Graham Cheung. "The litigation cost of negligent scaphoid fracture management." European Journal of Emergency Medicine 22, no. 2 (April 2015): 142–43. http://dx.doi.org/10.1097/mej.0000000000000152.

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20

Wood, David F. "The ten commandments of environmental litigation cost management." Environmental Claims Journal 4, no. 4 (June 1992): 491–504. http://dx.doi.org/10.1080/10406029209379180.

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21

Williams, Philip L., and Ross A. Williams. "The cost of civil litigation: An empirical study." International Review of Law and Economics 14, no. 1 (March 1994): 73–86. http://dx.doi.org/10.1016/0144-8188(94)90037-x.

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22

Sinai, Yuval. "The Downside of Preclusion: Some Behavioural and Economic Effects of Cause of Action Estoppel in Civil Actions." McGill Law Journal 56, no. 3 (July 7, 2011): 673–716. http://dx.doi.org/10.7202/1005135ar.

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The primary objective of the present article is to draw attention to the drawbacks of preclusion, especially of the rules of cause of action estoppel. The article challenges the traditional assumption that the rule of cause of action estoppel increases efficiency by introducing some economic and behavioural effects of the rule, especially the effects of the rule against splitting a single claim or cause of action. Analysis of the effects of cause of action estoppel has three major methodological goals: (a) to re-examine the rule in light of the behaviour modification model, (b) to evaluate the economic efficiency of the rule and its effect on the cost of litigation, and (c) to consider the influence of the rule on the chances of reaching a settlement. The article discusses the problematic incentives of litigating parties under the current Anglo-American rule of cause of action estoppel, and some of its harmful effects on the conduct and cost of litigation as well as on the chances of reaching a settlement. The article shows that, in many cases, the cause of action estoppel rules have undesirable effects on the conduct of litigation, including stimulating overlitigation in the initial action. Furthermore, the rule against splitting a single cause of action does not always contribute to an economically efficient legal system, and reduces the chances of reaching a settlement, which has a harmful effect on both the economic and behavioural aspects of litigation. By contrast, allowing the splitting of a single cause of action can significantly increase the litigants’ incentives to settle, providing the parties with opportunities for employing useful settlement strategies.

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23

Tabner, Andrew, Nicholas Tilbury, Michael Jones, Apostolos Fakis, Nicola Evans, and Graham Johnson. "Trends in emergency department litigation within the NHS: a retrospective database analysis." Medico-Legal Journal 90, no. 1 (February 14, 2022): 5–12. http://dx.doi.org/10.1177/00258172211057000.

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The objectives of this study are to examine trends in litigation related to emergency department care within the NHS. The study is based on retrospective database analysis. NHS Resolution databases of litigation activity pertaining to Type I emergency departments within the NHS are used. The main outcome measures were number of claims, number of successful claims, costs associated with litigation and costs per claim, all in comparison to patterns of ED attendance numbers and inflation. The results showed that the annual cost of litigation relating to emergency department care within the NHS has increased from £25.5 million in 2005/6 to £161.9 million in 2017/18. Mean cost per claim has increased from £58,252 in 2005/6 to £168,966 in 2017/18. The number of claims received has increased significantly; the proportion of these which were successful has remained constant. Therefore, it was concluded that the costs of litigation are increasing disproportionately to inflation and attendance numbers. Multiple potential causes are discussed, with significant implications for clinical practice.

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Chen, Ding. "Old Wines in New Bottles? Private Securities Litigation in China’s New Securities Law." Amicus Curiae 2, no. 2 (March 1, 2021): 169–87. http://dx.doi.org/10.14296/ac.v2i2.5252.

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Private securities litigation has been very weak since the establishment of China’s stock market some 30 years ago. A new law on securities took effect in March 2020 and introduces some reformist changes to this area. This article will examine the likely effect of the new Securities Law on this form of litigation. In particular, it will examine China’s most celebrated ‘quasi-class action’ system, i.e. Special Representative Litigation. This procedure is borrowed from Taiwan’s non-profit organization model. The essay argues that, since the new Securities Law has made only limited efforts in addressing the primary reason for the weak private securities litigation, namely, lack of judicial independence, it is unlikely to make any significant changes to private securities litigation in China. Keywords: private securities litigation; securities law; class action; cost of litigation; judicial independence.

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25

Hayes, Kingsley. "The True Cost of a Charity Data Breach." ITNOW 64, no. 1 (February 17, 2022): 42–43. http://dx.doi.org/10.1093/itnow/bwac022.

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Abstract Think twice before you send bulk emails, writes Kingsley Hayes, Head of Data Breach at Keller Lenkner UK. Even a single email can cause a significant data breach, which could result in regulatory action, fines and litigation.

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Sığrı, Ünsal, and Hakan Karabacak. "Conflict resolution role of mediation in labor disputes in Turkey." International Journal of Conflict Management 30, no. 3 (June 10, 2019): 395–415. http://dx.doi.org/10.1108/ijcma-01-2019-0013.

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Purpose This paper aims to manage better the conflicts in labor disputes by improving the understanding of mediation dynamics from a game-theoretical perspective. Design/methodology/approach Signaling game model is adapted to a hypothetical labor dispute based on the legislative regulations on the mandatory mediation system in Turkey. Findings The paper determines mediation equilibria in which both players get positive payoffs. Analysis of the mediation equilibria helps to improve the understanding about the litigation and mediation dynamics depending on the variables. The variables are clearly separated from each other due to their reverse effects on strategy choices of the parties. Mediation payoff and litigation cost are characterized by their incentive effects on mediation preferences, whereas mediation fee and litigation payoff are characterized by their disincentive effect. While increasing amounts of incentive variables strengthen the mediation tendency of the employee, increasing amounts of disincentive variables reveal the opposite effect. Furthermore, the analysis also indicates that if the litigation payoff is too small to recover litigation costs, accepting the mediation becomes the optimal strategy. This prediction is contrary to that of traditional game-theoretic litigation/settlement models, in which small-claim disputes typically cannot be settled. Practical implications The assumption that the mediation fee is not a part of the litigation cost eliminates the disincentive effect of mediation fee and makes it neutral on the strategy choice of employee. Originality/value This paper first analyzes the strategic role of mediation in labor disputes by using a signaling game. Despite its mediation focus, the paper also provides practical insights for litigation.

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Winder, Christopher. "The cost of commercial litigation in England–A European perspective, and a look to the future." European Review of Private Law 4, Issue 4 (December 1, 1996): 339–50. http://dx.doi.org/10.54648/146741.

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Access to justice can be severely impeded by the costs of litigation. English civil litigation has developed four particular procedures which stand out as differing radically in principle and in cost from continental systems: pre-trial disclosure of documents ('discovery'), the use of oral evidence, the use of expert evidence and a plaintiff's potential liability for a successful opponent's costs. In 1994 Lord Woolf was appointed to review the rules and procedures of the civil courts in England and Wales with a view to improving access to justice and reducing the costs of litigation. His report contains proposals which, if implemented, will lead to greater court control of proceedings and thus of their related costs.

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Gabuthy, Yannick, Emmanuel Peterle, and Jean-Christian Tisserand. "Legal Fees, Cost-Shifting Rules and Litigation: Experimental Evidence." Journal of Behavioral and Experimental Economics 93 (August 2021): 101705. http://dx.doi.org/10.1016/j.socec.2021.101705.

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29

Richardson, Peter. "Medical litigation and the cost of premiums for obstetricians." Medical Journal of Australia 159, no. 4 (August 1993): 282. http://dx.doi.org/10.5694/j.1326-5377.1993.tb137839.x.

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Mildred, Mark. "Cost–sharing in Group Litigation: Preserving Access to Justice." Modern Law Review 65, no. 4 (July 2002): 597–602. http://dx.doi.org/10.1111/1468-2230.00398.

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31

Engelmann, Kathleen, and Bradford Cornell. "Measuring the Cost of Corporate Litigation: Five Case Studies." Journal of Legal Studies 17, no. 2 (June 1988): 377–99. http://dx.doi.org/10.1086/468134.

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Wong, H., and Z. Karaca. "Did Medical Litigation Against Physicians Increase Inpatient Hospital Cost?" Value in Health 16, no. 3 (May 2013): A257—A258. http://dx.doi.org/10.1016/j.jval.2013.03.1317.

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Boone, Jeff P., Inder K. Khurana, and K. K. Raman. "Litigation reform, accounting discretion, and the cost of equity." Journal of Contemporary Accounting & Economics 5, no. 2 (December 2009): 80–94. http://dx.doi.org/10.1016/j.jcae.2009.05.001.

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Sutton, Halley. "Study outlines cost of sexual assault litigation for universities." Campus Security Report 14, no. 2 (May 17, 2017): 9. http://dx.doi.org/10.1002/casr.30275.

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Tokeley, Kate. "Taking a Chance: A Proposal for Contingency Fees." Victoria University of Wellington Law Review 28, no. 1 (March 2, 1998): 13. http://dx.doi.org/10.26686/vuwlr.v28i1.6079.

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Contingency fees are a regular feature of litigation in some jurisdictions and with the increasing cost of litigating there is pressure for their acceptance in New Zealand. In this article Kate Tokeley concludes that contingency fees are an effective and ethical way to increase access to justice, particularly for indigent plaintiffs. She argues that, provided comprehensive guidelines are established, then the social advantage of using contingency fees outweighs any potential dangers. An outline of the rules and guidelines are proposed, as are enforcement mechanisms.

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Boritz, J. Efrim, and Ping Zhang. "The Implications of Alternative Litigation Cost Allocation Systems for the Value of Audits." Journal of Accounting, Auditing & Finance 12, no. 4 (October 1997): 353–72. http://dx.doi.org/10.1177/0148558x9701200401.

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When an auditor's effort is not observable, auditor liability becomes an important mechanism for motivating the auditor to exert an appropriate level of audit effort. However, although the presence of legal liability helps to preserve the value of an audit to investors, some aspects of the liability system may motivate suboptimal behavior and perhaps, ultimately, detract from investors' welfare. This paper seeks to contribute to the analysis of litigation-related issues by examining the effects of alternative legal cost allocation systems—the so-called American versus British rules—on the value of audits. Using a game theoretic model, the paper characterizes investors' and an auditor's equilibrium strategies in pretrial negotiation and the auditor's effort decisions. The paper finds that the American system (where the parties pay their own litigation costs) provides a higher audit value than the British system (where the loser of a case pays the winner's litigation costs), although the auditor's total expected costs are higher in the American system than in the British system.

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Hartman, Francis T., and George F. Jergeas. "A model for proactive mediation of construction disputes." Canadian Journal of Civil Engineering 22, no. 1 (February 1, 1995): 15–22. http://dx.doi.org/10.1139/l95-002.

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Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.

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Metcalfe, C. W., S. J. Muzaffar, and C. J. Coulson. "Litigation trends and costs in otorhinolaryngology." Journal of Laryngology & Otology 129, no. 10 (August 28, 2015): 941–44. http://dx.doi.org/10.1017/s0022215115002261.

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AbstractBackground:Litigation in surgery is increasing and liabilities are becoming unsustainable. This study aimed to analyse trends in claims, and identify areas for potential risk reduction, improved patient safety and a reduction in the number, and cost, of future claims.Methods:Ten years of retrospective data on claims in otorhinolaryngology (2003–2013) were obtained from the National Health Service Litigation Authority via a Freedom of Information request. Data were re-entered into a spreadsheet and coded for analysis.Results:A total of 1031 claims were identified; of these, 604 were successful and 427 were unsuccessful. Successful claims cost a total of £41 000 000 (mean, £68 000). The most common areas for successful claims were: failure or delay in diagnosis (137 cases), intra-operative problems (116 cases), failure or delay in treatment (66 cases), failure to warn – informed consent issue (54 cases), and inappropriate treatment (47 cases).Conclusion:Over half of the claims in ENT relate to the five most common areas of liability. Recent policy changes by the National Health Service Litigation Authority, over the level of information divulged, limits our learning from claims.

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Harris, A. S., S. J. Edwards, and L. Pope. "Litigation in English rhinology." Journal of Laryngology & Otology 129, no. 3 (March 2015): 244–49. http://dx.doi.org/10.1017/s0022215115000286.

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AbstractObjective:Litigation is a rising financial burden on the National Health Service. This study aims to show if litigation is increasing in rhinology and which procedures lead to the most claims.Methods:Ten years of data were obtained from the National Health Service Litigation Authority. Rhinology claims were examined for cost, injury, diagnosis and operation type.Results:Of the 123 rhinology claims identified, 52 per cent were successful. There was a 56 per cent increase in the average annual number of claims between the first half of the study period and the second (p = 0.0451). The commonest reasons for a claim were poor cosmesis (15.6 per cent) and lack of informed consent (14 per cent).Conclusion:The number of claims in rhinology increased over the study period. Most claims resulted from poor cosmetic outcome, lack of consent or recognised complications. It is suggested that enhanced communication and management of patient expectations could reduce litigation and improve patient satisfaction.

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Ajwani, Sanil H., Sonal M. Halai, and Randeep S. Mohil. "Litigation in Hand and Wrist Related Injuries and Surgery." Ortopedia Traumatologia Rehabilitacja 20, no. 3 (June 30, 2018): 205–9. http://dx.doi.org/10.5604/01.3001.0012.2128.

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Background. We aimed to evaluate the burden of successful litigation relating to wrist and hand injuries and surgery. Material and methods. A retrospective review was conducted using the English national litigation database, National Health Service Litigation Authority database. Results. A total of 325 successful claims were analysed from 2002-2012. The total cost of successful claims was £19.5 million. This comprised £10.9 million in damages, with £8.4 million in legal costs (23% in NHS legal costs, the remainder being claimant costs). The mean cost of settling a claim for wrist and hand injuries respectively was £60,325 (range £200 - £669,471) and £58,926 (range £1000-£ 374,077). The commonest cause of claim for both wrist and hand injuries was poor outcome. The average cost for wrist and hand injury respectively was £52,825 and £63,926. Conclusions. 1. The complexity of resolving these cases is reflected in the associated legal costs, which represent a significant proportion of payouts. 2. This paper helps improve our understanding of factors instigating successful legal proceedings to aid identification of areas where practice and training can be improved.

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Tingle, John. "Patient rights and the cost of health litigation: you don't ‘win’ compensation." British Journal of Nursing 31, no. 5 (March 10, 2022): 292–93. http://dx.doi.org/10.12968/bjon.2022.31.5.292.

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MacKenzie, Gavin. "Breaking the Dichotomy Habit: The Adversary System and the Ethics of Professionalism." Canadian Journal of Law and Jurisprudence 9, no. 01 (January 1996): 33–50. http://dx.doi.org/10.1017/s0841820900003337.

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Litigation lawyers learn early in their practices that although the adversary system functions tolerably well in many civil cases, its defects are nevertheless extensive and profound. Tactics calculated to delay, distort, obfuscate, obstruct and wear down opponents through frustration and cost are common. Questionable conduct is justified by appeals to the ethics of the adversary system. The consequences are often born by clients—through increased cost, delay and conflict—and even by lawyers themselves—through stress, fatigue and dissatisfaction with the quality of life that the practice of litigation in our adversary system brings with it.

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Tingle, John. "The high cost of clinical negligence litigation in the NHS." British Journal of Nursing 26, no. 5 (March 9, 2017): 296–97. http://dx.doi.org/10.12968/bjon.2017.26.5.296.

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Hylton, Keith N. "Litigation Cost Allocation Rules and Compliance with the Negligence Standard." Journal of Legal Studies 22, no. 2 (June 1993): 457–76. http://dx.doi.org/10.1086/468172.

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Frank Liu, Zhefeng, Daniel B. Thornton, and Fayez A. Elayan. "Litigation Cost, Market-to-Book, and Asymmetric Timeliness of Earnings." International Journal of Finance and Accounting Studies 1, no. 1 (April 30, 2013): 1–17. http://dx.doi.org/10.7575/aiac.ijfas.v.1n.1p.1.

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Bernstein, Andrew C. "Litigation management and cost control: Using outside accountants as experts." Journal of Corporate Accounting & Finance 2, no. 4 (1991): 487–94. http://dx.doi.org/10.1002/jcaf.3970020408.

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Casterella, Jeffrey R., Kevan L. Jensen, and W. Robert Knechel. "Litigation Risk and Audit Firm Characteristics." AUDITING: A Journal of Practice & Theory 29, no. 2 (November 1, 2010): 71–82. http://dx.doi.org/10.2308/aud.2010.29.2.71.

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SUMMARY: This study examines the association between certain audit firm characteristics and audit firm litigation risk. Previous research shows a link between audit client characteristics and audit firm litigation risk. However, insurance companies do not make extensive use of financial information about individual audit clients to make risk assessments. Instead, they primarily use information about the audit firms themselves. Using data from a large insurance company, we examine the link between several audit firm characteristics and audit-related litigation. Based on a dichotomous measure of risk (existence of a lawsuit), we find that larger firms, firms experiencing rapid growth, firms that sue their clients, and firms with a history of problems all face greater litigation risk. Introducing a continuous measure of the cost of litigation we find, in addition to the previously mentioned risk factors, that firms with a prior history of regulatory problems and firms that choose smaller deductibles are more risky to the insurance company. However, our proxies for independence and expertise are not associated with litigation risk.

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Massenot, Baptiste, Maria Maraki, and Christian Thöni. "Litigation Spending and Care under the English and American Rules: Experimental Evidence." American Law and Economics Review 23, no. 1 (March 26, 2021): 164–206. http://dx.doi.org/10.1093/aler/ahab005.

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Abstract We investigate the effects of fee-shifting in an experimental litigation game. In our setup, a defendant may cause harm to a plaintiff. The defendant can take precautions to lower the probability of harm at a personal cost. In case of harm, the parties go to court, where the winner is determined by a rent-seeking contest. We compare two fee-shifting rules: under the American rule each party bears its own litigation costs; under the English rule the loser has to reimburse the winner’s expenses. We test the hypothesis that the English rule leads to higher litigation spending but also to higher care compared to the American rule. The experimental results largely support the predictions: fee-shifting leads to higher litigation spending, which motivates higher levels of care. When the parties are offered the possibility to settle their dispute out of court, fee-shifting leads to even higher litigation spending in court, but it neither affects the settlement rate nor care.

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Khurana, Inder K., and K. K. Raman. "Litigation Risk and the Financial Reporting Credibility of Big 4 versus Non-Big 4 Audits: Evidence from Anglo-American Countries." Accounting Review 79, no. 2 (April 1, 2004): 473–95. http://dx.doi.org/10.2308/accr.2004.79.2.473.

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Prior research suggests that Big 4 auditors provide higher quality audits in the U.S. in order to protect the firm's brand name reputation and to avoid costly litigation. In this study, we examine whether the perceived higher quality of a Big 4 audit is related to auditor litigation exposure or to reputation concerns. Specifically, we utilize an estimable proxy for financial reporting credibility—the ex ante cost of equity capital—to examine whether Big 4 auditors are perceived as providing higher quality audits (relative to non-Big 4 auditors) in the U.S., and in the less litigious (but economically similar) environments in other Anglo-American countries during the 1990–99 period. We find that a Big 4 audit is associated with a lower ex ante cost of equity capital for auditees in the U.S. but not in Australia, Canada, or the U.K. Our findings suggest that it is litigation exposure rather than brand name reputation protection that drives perceived audit quality.

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Yan, Wenjun. "The Zhenhua Case: the emergence of civil environmental public interest litigation in China." Journal of World Energy Law & Business 14, no. 2 (April 1, 2021): 116–28. http://dx.doi.org/10.1093/jwelb/jwab008.

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Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.

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