No-Fault Compensation Schemes for Medical Injury: A Review

85 Pages Posted: 22 Feb 2013 Last revised: 9 May 2016

See all articles by Anne-Maree Farrell

Anne-Maree Farrell

Edinburgh Law School, University of Edinburgh

Sarah Devaney

University of Manchester

Amber Dar

University of Manchester

Date Written: January 20, 2010

Abstract

This report was commissioned by the No-Fault Compensation Review Group in Scotland. It provides an up-to-date analysis of existing no-fault schemes in New Zealand, Sweden, Denmark, Norway, and Finland, as well as limited schemes which operate in Virginia and Florida in the United States. Drawing on such analysis, the report considers a number of specific elements such as the advantages and disadvantages of no-fault schemes; choice of model; equality of coverage; cost and affordability; access to justice; and linkages to patient complaints processes, professional accountability and patient safety. The report was designed to assist the Group in its deliberations on whether a no-fault compensation scheme for medical injury should be established in Scotland. The Group’s report setting out its findings and recommendations was published in 2011.

Keywords: no-fault compensation, medical injury

Suggested Citation

Farrell, Anne-Maree and Devaney, Sarah and Dar, Amber, No-Fault Compensation Schemes for Medical Injury: A Review (January 20, 2010). Available at SSRN: https://ssrn.com/abstract=2221836 or http://dx.doi.org/10.2139/ssrn.2221836

Anne-Maree Farrell (Contact Author)

Edinburgh Law School, University of Edinburgh ( email )

Edinburgh
Great Britain

Sarah Devaney

University of Manchester ( email )

Oxford Road
Manchester M60 1QD, M13 9PL
United Kingdom

Amber Dar

University of Manchester ( email )

Oxford Road
Manchester, M13 9PL
United Kingdom

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