Shifts from Liability to Solidarity: The Example of Compensation of Birth Defects

Fundamental similarities between tort and administrative systems for managing health care accidents

“…13 Collective responsibility may also take the form of a no-fault system. No-fault compensation has been introduced for birth defects in some US states, 9 and New Zealand's accident compensation scheme has been amended recently to compensate the victims of all medical accidents, regardless of fault. 14 The New Zealand system delivers uniform compensation payments to all victims of health care accidents.…”

“…Victims are concerned about being heard, knowing that there is a reason for their experience and, sometimes, having someone take responsibil-ity. 9 This is recognized in, for example, the new NHS Redress Act in the UK which specifies that compensation can include financial compensation, apology or explanation. 10 Apologies (which may be desired by up to 98% of medical malpractice plaintiffs) are also used in restorative criminal justice as a way of recognizing victims’ experience.…”