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The purpose of this paper was to examine the relationship between medical malpractice claims and medical care quality in Taiwan. The Delphi technique with an expert panel was used to determine the relationship between malpractice and medical quality. A total of 371 medical malpractice claims were analyzed. Main measures included the rate and strength of malpractice cases associated with quality and the identification of the quality factors influencing the occurrence of malpractice. Results showed that malpractice claims were associated with internal medicine cases, surgery cases, pediatric cases, obstetric and gynecological cases, physicians' professional competence, non‐acceptable outcomes, complications, and poor communication. Concludes that medical malpractice cases could be avoided by increasing physicians' professional knowledge, practical skills, and communication.

In healthcare, overuse and underuse of medical treatments represent equally dangerous deviations from an optimal use equilibrium and arouse concerns about possible implications for patients’ health, and for the healthcare system in terms of both costs and access to medical care. Medical liability plays a dominant role among the elements that can affect these deviations. Therefore, a remarkable economic literature studies how medical decisions are influenced by different levels of liability. In particular, identifying the relation between liability and treatments selection, as well as disentangling the effect of liability from other incentives that might be in place, is a task for sound empirical research. Several studies have already tried to tackle this issue, but much more needs to be done. In this chapter, we offer an overview of the state of the art in the study of the relation between liability and treatments selection. First, we reason on the theoretical mechanisms underpinning the relationship under investigation by presenting the main empirical predictions of the related literature. Second, we provide a comprehensive summary of the existing empirical evidence and its main weaknesses. Finally, we conclude by offering guidelines for further research.

Highlights the fact that whereas, until recently, defendants in professional malpractice lawsuits were typically accountants, attorneys and physicians, potential liability for malpractice is now faced by marketing research professionals, as a result of their increasing involvement in their clients′ decisionmaking processes. Argues that the researcher′s strongest defense would be adherence to formally recognized research standards adopted by the marketing profession. Addresses the question: what is professional malpractice? Describes how it may occur in marketing research, what the new duties of the marketing research professional should be, and how professional standards could help researchers to defend malpractice claims.

To explore from an ethical paradigm the current research in support of and opposition to imposing caps on non‐economic damages as a means of addressing the healthcare crisis.

A review of peer‐ and non‐peer‐reviewed articles primarily covering the period from 2001‐2004, which addresses the rationale articulated in support of and in opposition to imposing caps on non‐economic damages. The articles are sorted into sections and critiqued: rationale for imposing caps, arguments against caps, ethical paradigms impacting caps, and conclusions.

Provides information from the various sources. Addresses the biases that may have shaped the authors' conclusions and some of the ethical paradigms that may have impacted positions. Also demonstrates that the unbiased research seems to establish a minimal nexus between caps and the proposed impact.

Focus is exclusively on the US healthcare and judicial system. However, findings may still have implications outside the USA in countries that have similar tort laws for addressing private wrongs.

A useful source of information for graduate students in public policy or healthcare management courses, or legislators looking for a quick reference to research regarding this topic area.

This paper fulfills an identified resource for non‐biased assessment of the problem presented and provides a critical review of the reasons articulated in support of this public policy.

As with most professional service occupations, liability claims are a major concern for accounting professionals. Most of the academic research on accountants’ professional liability has focused on audit services. This study extends research on accountants’ professional liability by examining liability claims arising from the provision of tax services. In addition to a descriptive analysis, the current study explores the role of merit in tax malpractice litigation. Hypotheses are developed based on the legal construct of claim merit, which requires the presence of accountant error and damages as a result of that error for a claim to be considered meritorious. The hypotheses are tested using logistic and OLS regression of 89 actual claims filed with an insurer of tax professionals. The results suggest that the components of merit are significant in determining both the presence of compensatory payments to the client and the dollar amount of those payments, although the hypothesized interaction effect is only significant for the dollar amount of compensatory payments.

A nationwide common malpractice in Zakat distribution has been prevailing in Bangladesh for the past few decades. The paper is a groundbreaking effort to investigate the perceptions of the Zakat payers about the common malpractices and to highlight whether any change in the conventional distribution of Zakat has occurred during the Covid-19 pandemic. The study also aims to extract the common perception of the Zakat payers regarding the validity of the changed practices during the pandemic.

The study adopts the qualitative research approach allowing an in-depth interview technique based on an unstructured questionnaire schedule to obtain information from the Zakat payers, complemented by the key informant interview with the Islamic Scholars. The study obtained data from Zakat payers administering a purposive sampling technique based on two specified criteria. After coding the information on three main themes, content analysis is used to examine the results.

The results reveal that although the Zakat payers dislike the common practices because of some antithetical issues, they still practice the same customs. Moreover, they apportion most of the value of Zakat in purchasing low-quality festive-motive clothes for the recipients. They are ignorant about Islamic law and the validity of such practices. According to scholars, these activities are not a pure system of Zakat provision and unable to alleviate poverty. Amid the Covid-19 pandemic, this practice shifted heavily to buying food items for the poor due to the financial hurdles they confronted during the pandemic. Although no solid argument is deduced from the participants about the exactitude of such distributional change, scholars regard the transformation as beneficial to the afflicted and the impoverished who have been hit by the pandemic, as well as not conflicting with the Zakat legislation.

The study is a novel contribution to addressing the malpractice in Zakat distribution through receiving practical information from the Zakat payers, which will help produce more in-depth research in Islamic finance. Furthermore, this research will help the government and people raise awareness about the authentic practices of Zakat distribution according to the codes of Shari’ah.

This study is a pioneering investigation since a scarcity of scholarly works attempted to identify the impact of Covid-19 on the practice of Zakat distribution and the associated perception regarding its Islamic jurisprudence. To the best of the authors’ knowledge, the investigation of common malpractices of Zakat is still unearthed by no former rigorous studies in the context of Bangladesh. The present study bridges this gap and paves a pragmatic research dimension in the Islamic finance.

“Support a lawyer. go to med school” The above message on the car bumper stickers of members of the medical profession reflects their reaction to the current escalation of malpractice suits filed by attorneys against doctors and hospitals. The impact of these suits against medical personnel and institutions is not limited to patients, doctors and lawyers; the ripple‐effect reaches the entire community, because the rising incidence of malpractice suits tends to increase the cost of malpractice insurance and ultimately the total cost of health care to all members of society. Malpractice is but a small, though highly visible, part of a broader spectrum of interaction between medicine and law. “The complexities of modern society are causing law and medicine to interface with increasing frequency to the extent that contact with the legal process has become an inescapable aspect of the physician's life.” In recognition of this increasing frequency of contacts between medicine and law, a correspondingly increasing number of medicolegal reference works have been published, as exemplified by the selective list which follows this introduction. These should be of direct interest to doctors and members of allied health professions, to attorneys and paralegals and, indirectly, to all who deal with medical personnel and institutions. Traditionally, attorneys, particularly members of the trial bar, have demonstrated a continuing interest in medical literature. For example, the Merck Manual and Goldstein's Medical Trial Technique are familiar to most trial lawyers. They are expected to be well acquainted with anatomy charts, texts on internal medicine, eye, ear, nose and throat, orthopedics, obstetrics, and pediatrics, to name but a few generic medical works of interest to trial lawyers. It should be noted that the lawyer's interest in medical literature is not necessarily motivated by a desire to harass doctors, nurses and hospitals. Attorneys are bound by their Code of Professional Responsibility to represent their clients competently and zealously. In discharging this ethical obligation, the attorney frequently calls upon a physician to testify as an expert witness concerning the cause of a personal injury or death. Consequently, the attorney should be knowledgeable in medical theory and terminology. Furthermore, in pursuit of interdisciplinary competence, a significant number of individuals in the United States have earned both the medical degree and the law degree and appropriate licenses to practice, e.g., Cyril Wecht, M.D., J.D., Director, Pittsburgh Institute of Legal Medicine, Duquesne Law School, member, Faculty of the Pittsburgh School of Medicine and Dentistry, Coroner, Allegheny County, Pennsylvania.

The purpose of this paper is to reduce the gap in understanding the complexity of barriers, their modifiers and how these barriers and their modifiers result in malpractices and missed good practices in post-earthquake reconstruction contexts. This paper provides insights to the often asked question: why the lessons learnt from one earthquake event are not actually learnt and many of the mistakes around housing reconstruction are repeated?

The paper is based on the review of the literature of the top deadliest earthquakes in the developing countries and the two case studies of the 2005 Kashmir and 2015 earthquake in Pakistan.

Multifarious barriers, their modifiers, malpractices and missed good practices are deeply interwoven, and endemic and include weak financial standing, lack of technical know-how, vulnerable location, social and cultural preference, affordability and availability of materials, over-emphasis on technical restrictions, inefficient policies, lack of clarity in institutional roles, monitoring and training.

The study is desk based.

A better understanding of barriers can help disaster-related organisations to improve the planning and implementation of post-earthquake housing reconstruction.

The study contributes to the understanding concerning various social and cultural preferences that negotiate the Build Back Better (BBB) process.

The study offers a distinctive perspective synthesising the literature and the two case studies to sharpen the understanding of the complexity of barriers to BBB.

Many studies have traced the collapse of most banks in the past to weak corporate governance. In response to this, the Central Bank of Nigeria established a Code of Corporate Governance which was made mandatory for all banks in Nigeria since 2003. Fifteen years after this provision the amount of actual loss attributed to financial malpractices in banks is still substantial. Available statistics show that the number of fraud cases has been on the increase in recent times.

This study examined the extent to which corporate governance has mitigated or moderated the effect of two macroeconomic factors – unemployment and inflation – on fraud in Nigerian banks. An interactive model was specified and estimated with PROCESS – a computational tool developed by Andrew Hayes.

The result revealed that while the structure of corporate governance by banks in Nigeria moderates the effect of unemployment, the reverse is the case for inflation.

This goes to show that the motivation factor stipulated by the fraud triangle theory holds sway in Nigeria.

It is recommended that efforts to bring a lasting solution to the challenge of financial malpractices in Nigerian banks must adopt a holistic approach.

The purpose of this paper is to demonstrate those factors which are responsible for the sales misconduct in Retail banking services across the world and try to find out the determinants which majorly affect the Indian Retail banking industry. The authors also try to find out whether the sales approach leads to malpractices in sales and how does it affect the different categories of the customers.

Primary data have been collected from the bank account holders having account in various private and public sector banks operating in India.

The authors have come out with finding that sales misconduct is majorly affected by misrepresentation of facts, complexity of products, lack of disclosure norms and more. They also found that push sales approach is adopted by banks, particularly by private banks to majorly tap the class customers to sell the financial products without their requirement and achieve the revenue targets.

Banking regulators can keep a close supervision on sales mal practices in banking sector and implement stringent norms to reduce these kinds of practices.

Very few studies have been conducted on the basis of the class of the customer, and how sales approach leads the malpractices in sales and how it affects the class of the customers.