2008
DOI: 10.1093/medlaw/fwn022
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Medical Injury Compensation: Beyond 'No-Fault'

Abstract: If I am injured in the course of medical investigation or treatment, I may be eligible to receive compensation for some of the adverse consequences of my injury-at least, if I live in a developed country. In most such countries, there exists some form of state-administered compensation scheme for medical injuries. However, even within the developed world, there is considerable variation in the eligibility criteria for compensation. Different countries would, for example, respond very differently to the followi… Show more

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Cited by 17 publications
(9 citation statements)
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“…Explain the reasons for your responses. (Douglas 2009 discusses "no-fault" compensation in another context.) 4.…”
Section: Discussion Questionsmentioning
confidence: 99%
“…Explain the reasons for your responses. (Douglas 2009 discusses "no-fault" compensation in another context.) 4.…”
Section: Discussion Questionsmentioning
confidence: 99%
“…I assume throughout that (PPR) is itself correct. In fact, I am unsure whether this is so 7. But (PPR) certainly does have strong intuitive appeal.…”
Section: IImentioning
confidence: 96%
“…The processing of patients' claims usually occurs via one of the 2 systems: tort or no-fault. A tort system is defined as a “court-based system…, in which the victim of an injury is awarded compensation, paid by the injurer, only if she can establish that the injurer in question was at fault for her injury.” 5 In contrast, a no-fault (sometimes also called no-blame) is “a system that uses an administrative system rather than the courts to compensate injuries independent of provider negligence or fault.” 6 The former is the prevailing system in the United States and some European countries, whereas the latter exists in the Nordic countries and New Zealand.…”
Section: Association Between Claims and Adverse Eventsmentioning
confidence: 99%