Hidenori Takahashi, ‘Justice Delayed is Justice Denied: Strategic Settlements in Medical Malpractice Lawsuits’

ABSTRACT
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.

Takahashi, Hidenori, Justice Delayed is Justice Denied: Strategic Settlements in Medical Malpractice Lawsuits (September 27, 2021).

First posted 2021-09-30 17:00:45

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