Book chapter
Medical Liability: Comparing Compensation Systems
The Oxford Handbook of Comparative Health Law
29 Jul 2021
Abstract
This chapter presents a comparison of liability/compensation systems across countries, which can be challenging because of substantial differences in tort doctrine, judicial systems, and administrative compensation mechanisms. It approaches the problem of patient injury in a healthcare system from the dual (and dueling) perspectives of system responsibility and provider culpability. The basic question that the chapter asks is this: Who should bear the economic costs of medical adverse events? The US system remains solidly anchored in the tort liability system, with its emphasis on negligence-based culpability in medical malpractice cases—but with timid moves toward enterprise liability and statutory communication and resolution programs. By contrast, the Scandinavian systems have publicly funded patient compensation funds.
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Details
- Title
- Medical Liability
- Creators
- Karl Harald Søvig - University of BergenBarry Furrow - Drexel University
- Contributors
- David Orentlicher (Editor) - University of Nevada, Las VegasTamara K Hervey (Editor) - Law, City University of London
- Publication Details
- The Oxford Handbook of Comparative Health Law
- Series
- OXFORD HANDBOOKS SERIES
- Publisher
- Oxford University Press
- Resource Type
- Book chapter
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Other Identifier
- 991020542424504721