No-fault compensation systems

doi:10.1136/bmj.326.7397.997

BMJ 2003;326:997-998 ( 10 May )

Editorials

No-fault compensation systems

Experience elsewhere suggests it is time for the UK to introduce a pilot scheme

The first 150 words of the full text of this article appear below.

In 1978 the Pearson Commission in the United Kingdom rejected a no-fault system in dealing with clinical negligence. Whiledeclaring the existing tort system as costly, cumbersome, proneto delay, and too capricious in its operation to be defensible,the commission rejected no-fault compensation on grounds of thedifficulty in overhauling the tort liability system and the perceiveddifficulties in causation judgments.¹ A general conservatismin the legal profession and opposition from the insurance industrywere other factors. Much has changed in the NHS sincethen.

The long overdue white paper on the reform of the clinical negligence compensation system is much awaited. Reforms to be consideredinclude fixed tariffs for specific injuries, no-fault compensation,alternative dispute resolution, structured payouts instead oflarge one-off lump sums, and alternative non-cash methods of compensationsuch as home nursing care.² The current system is based onthe law of tort, which requires the claimant . . . [Full text of this article]

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This article has been cited by other articles:

Vincent, C (2003). Compensation as a duty of care: the case for "no fault". Qual Saf Health Care 12: 240-241 [Full text]

Rapid Responses:

Read all Rapid Responses

Costs of current negligence system: Kevin Barraclough
bmj.com, 10 May 2003 [Full text]
No fault or No responsibility ?: Gerry M Ferguson
bmj.com, 10 May 2003 [Full text]
No Fault is No Panacea: Robert WJ Dingwall
bmj.com, 10 May 2003 [Full text]
No fault compensation, no panecea.: David J Garwood
bmj.com, 10 May 2003 [Full text]
Re: No fault or No responsibility ?: barry d mendelawitz
bmj.com, 11 May 2003 [Full text]
"No fault" Compensation would short-change Patients: Peter Walsh
bmj.com, 12 May 2003 [Full text]
Re: Costs of current negligence system: William J Gaine
bmj.com, 12 May 2003 [Full text]
Re: No fault or No responsibility ?: William J Gaine
bmj.com, 12 May 2003 [Full text]
A couple of points: Gerry M Ferguson
bmj.com, 13 May 2003 [Full text]
Re: No fault or No responsibility ?: alan j carson
bmj.com, 14 May 2003 [Full text]
New Zealand experience would strongly support no-fault compensation systems: Laurence Malcolm, et al.
bmj.com, 19 May 2003 [Full text]
no fault compensation and comics: Giuseppe Vetrugno, et al.
bmj.com, 23 May 2003 [Full text]
No-fault compensation : A proposal: Umo I. Esen
bmj.com, 2 Jun 2003 [Full text]