Compensation, Ideology and Patient Safety in New Zealand's No-Fault System

21 Pages Posted: 17 Dec 2009 Last revised: 17 Jan 2010

See all articles by Ken Oliphant

Ken Oliphant

University of Bristol Law School

Date Written: December 16, 2009

Abstract

As the idea of no-fault compensation for medical injuries attracts increasing attention in Europe, the experience of the New Zealand Accident Compensation Scheme offers an educational case history. This paper traces the different phases of the Scheme's approach to compensating medical injuries, and considers the rival ideologies underlying the divergent approaches adopted and what they say about the methods that consecutive governments have employed in order to secure patient safety.

Keywords: compensation, medical injuries, patient safety, 'no fault', New Zealand

JEL Classification: I18, K32

Suggested Citation

Oliphant, Ken, Compensation, Ideology and Patient Safety in New Zealand's No-Fault System (December 16, 2009). Opinio Juris in Comparatione, Vol. 3/2009, Paper No. 3, Available at SSRN: https://ssrn.com/abstract=1524388 or http://dx.doi.org/10.2139/ssrn.1524388

Ken Oliphant (Contact Author)

University of Bristol Law School ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol BS8 1RJ, BS8 1RJ
United Kingdom

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