Medical Malpractice Appeals in a Civil Law System: Do Administrative and Civil Courts Award Noneconomic Damages Differently?

Amaral-Garcia, Sofia

doi:10.1111/lasr.12398

Cited by 9 publications

(4 citation statements)

References 59 publications

(92 reference statements)

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“…Civil-law-based countries separate the administrative and civil jurisdictions (Amaral-García, 2019a). For this reason, we only incorporate rulings from the Administrative Section of the Supreme Court (the so-called recursos contencioso-administrativos in Spain) in which the Spanish government is either the defendant or the plaintiff, being the firm the other party.…”

Section: Methodsmentioning

confidence: 99%

“…As a result, litigating in the Supreme Court may not only allow firms to take advantage of gray areas but also to change regulations in their favor when this court’s opinion and interpretation of the law agrees with them. Another advantage of using Supreme Court rulings is better data access compared to those in lower courts because all rulings are available in a single and open database (Amaral-García, 2019a) [6].…”

Section: Methodsmentioning

confidence: 99%

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Litigations with the home State and internationalization

Fernández‐Méndez

Canal

García‐García

2021

MBR

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Purpose This paper aims to investigate whether Foreign Direct Investment (FDI) can be driven by the creative compliance knowledge that firms gather in their home country through litigations with the government. Design/methodology/approach The authors draw on the knowledge-based view and organizational learning theory to argue that there is an inverted U-shaped relationship between experience in litigating with the home State and a firm’s level of FDI. The authors test this hypothesis using negative binomial regressions on a sample of Spanish listed firms for the period between 1986 and 2008. Findings The findings of this study confirm the hypothesized inverted U-shaped relationship between a firm’s experience in litigating with the home State and its FDI levels. Firms seem to face an exploration–exploitation dilemma regarding their compliance with domestic regulation. Once they have accumulated a certain amount of creative compliance knowledge, it would be better for them to exploit it both domestically and internationally in the form of creative compliance routines, instead of continuing to push the limits of regulation. Originality/value Firms willing to explore the gray areas of the law are usually forced to litigate with the State. As a result, they develop creative compliance knowledge that they can incorporate into their legal routines and capabilities so that they can later exploit it in foreign countries. To the best of the authors’ knowledge, this is the first paper that attempts to understand the influence of creative compliance knowledge on a firm’s international investments.

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Section: Methodsmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

Litigations with the home State and internationalization

Fernández‐Méndez

Canal

García‐García

2021

MBR

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“…Civil and commercial law mainly includes four research directions: civil law, commercial law, intellectual property law, marriage and family law, and social law [1]. Civil and commercial law contains two aspects of research: one is civil law, and the other is commercial law [2]. The research and development of civil and commercial jurisprudence plays an important role in the drafting and formulation of China's civil law, which can effectively promote the construction of the rule of law and the development process of the market economy in China.…”

Section: Introductionmentioning

confidence: 99%

Civil and Commercial Jurisprudence Observations on Intelligent Social Governance

Geng

2023

Applied Mathematics and Nonlinear Sciences

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The purpose of civil and commercial jurisprudence observation is to realize the intelligent and innovative development of social governance and to improve the efficiency of related cases. This paper develops a civil and commercial jurisprudence case information analysis system that utilizes MVC architecture and intelligent technology. The BERT pre-training model and self-training model are combined for the construction of a civil and commercial jurisprudence legal information extraction model, which helps judicial personnel understand the scope of civil and commercial jurisprudence cases in the process of social governance. Then, the ILJP is used as the basis to combine the fact encoder, the element predictor and the legal cause predictor to carry out the construction of the interpretable legal cause intelligent research and judgment model, which provides an intelligent research and judgment program for the civil and commercial jurisprudence social governance cases. The effectiveness of the civil and commercial law case analysis system is an important guarantee to enhance intelligent social governance, so this paper carries out a test and analysis of its intelligent algorithm and system performance. The results show that the legal information extraction model tends to stabilize after the first 15 iterations of training, and its validation loss value is around 0.173, and the training loss value of the model is around 0.008 when the training of the intelligent research and judgment model reaches 200 rounds. When the information analysis system of civil and commercial law cases reaches 1,000 concurrent users, the average response time of each logical operation does not exceed 3s, and the occupancy rate of CPU and memory resources is over 30%. The information age needs to fully combine technology and social governance in order to deeply mine the information of civil and commercial jurisprudence related cases, improve the efficiency of social governance, and innovate the intelligent development of social governance.

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“…For instance, in a recent research it was found that administrative and civil courts do not differ in the awards for non‐economic damages in medical malpractice appeals. See Amalia‐Garcia (2019).…”

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confidence: 99%

General courts, specialized courts, and the complementarity effect

Guttel¹,

Harel²,

Procaccia

2022

Regulation & Governance

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Among the major decisions any legal system must make is deciding whether to establish general courts with broad jurisdiction, or specialized courts with limited jurisdiction. Under one influential argument—advanced by both judges and legal theorists—general courts foster coherence within the legal system. This Article identifies a distinct effect of establishing general courts: the “complementarity effect.” In the case of complementarity, general courts strategically apply different principles in different fields, such that litigants losing in one sphere (e.g., public law) are compensated in another (e.g., private law). We support this conjecture by analyzing three case studies.

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Medical Malpractice Appeals in a Civil Law System: Do Administrative and Civil Courts Award Noneconomic Damages Differently?

Cited by 9 publications

References 59 publications

Litigations with the home State and internationalization

Litigations with the home State and internationalization

Civil and Commercial Jurisprudence Observations on Intelligent Social Governance

General courts, specialized courts, and the complementarity effect

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