The Shadow 'OF' of Courts and the Shadow 'ON' the Courts in Medical Disputes
Posted Aug 08 2012 8:07am
In the United States, we often speak of the "shadow of the law" on informal dispute resolution. In China, it appears that there is an opposite phenomenon: the shadow of informal dispute resolution on the courts.
In a new article forthcoming in the Columbia Law Review, Benjamin Liebman discusses "Malpractice Mobs: Medical Dispute Resolution in China."
Liebman describes a trend toward resolution of claims through protest and violence. He writes that "Hospital officials, judges, and health department officials acknowledge that whether or not they face a protest or threat thereof is generally the most important factor influencing resolution of medical disputes."