The Proformas of the No-fault Compensation System :Considerations Regarding the “Obstetrical Medical Care Compensation System”

Abstract Medical malpractice is a form of professional negligence and such a negligence forms part of the law of tort. As an alternative to the tort or fault-based system in medical malpractice, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system. This is through the provision of fair, speedy and adequate compensation for medically injured victims. A no-fault compensation system allows patients to be compensated without proof of provider’s fault or negligence. Similar to no-fault schemes, the strict liability system is not fault-based although it belongs to tort law. Successful claims are paid in a uniform manner using a fixed benefits schedule and include compensation for both economic and non-economic (pain and suffering losses) without the necessity of proving negligence through a tort claim. This study focuses on the comparison of no-fault compensation systems versus strict liability systems between Vietnam to Belgium, France, and England. The distinctions in Belgium, France, and England can be the lessons for the development of a no-fault compensation system as well as strict liability system in Vietnam.

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Compensation of Research-Related Injuries in the European Union

European Journal of Health Law ◽

10.1163/15718093-12341332 ◽

2014 ◽

Vol 21 (5) ◽

pp. 473-487 ◽

Cited By ~ 3

Author(s):

Miguel Angel Ramiro Avilés

Keyword(s):

European Union ◽

Clinical Trials ◽

Compensation System ◽

Liability Insurance ◽

Causal Connection ◽

The European Union ◽

Insurance Costs ◽

General Clause ◽

Risk Balance ◽

Fault Compensation

The planned reform of the Clinical Trials Directive has re-opened the debate over how to implement and interpret research-related injuries regulation. In the European Union (eu), clinical trials are currently regulated by Directive 2001/20/ec, which establishes the provision of mandatory insurance before clinical trials commence but is silent on the system of liability. The proposed new Regulation will impact biomedical research assurance in all eu Member States because it points to insurance costs as being one of the causes of the fall in the number of clinical trials carried out in the eu. Despite the adoption of a risk-balance approach, the proposed new Regulation does not include a no-fault compensation system to protect subjects participating in clinical trials. An adequate protection of the rights and wellbeing of trial subjects would require not only mandatory insurance for clinical trials but also a no-fault compensation system. The new regulation should include a general clause requiring mandatory insurance and establishing liability insurance based on no-fault compensation; an exception clause, enabling the performance of clinical trials without insurance in the case of low-risk interventions or non-commercial clinical trials; and an exclusion clause, excluding compensation when there is no causal connection between injuries and clinical trial.

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A medico-legal review of cases involving quadriplegia following cervical spine surgery: Is there an argument for a no-fault compensation system?

Surgical Neurology International ◽

10.4103/2152-7806.62261 ◽

2010 ◽

Vol 1 (1) ◽

pp. 3 ◽

Cited By ~ 11

Author(s):

NancyE Epstein

Keyword(s):

Cervical Spine ◽

Spine Surgery ◽

Compensation System ◽

Cervical Spine Surgery ◽

Fault Compensation

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Lessons Learned from the Japan Obstetric Compensation System for Cerebral Palsy: A Novel System of Data Aggregation, Investigation, Amelioration, and No-Fault Compensation

Textbook of Patient Safety and Clinical Risk Management ◽

10.1007/978-3-030-59403-9_33 ◽

2020 ◽

pp. 465-484

Author(s):

Shin Ushiro ◽

Antonio Ragusa ◽

Riccardo Tartaglia

Keyword(s):

Cerebral Palsy ◽

Pathological Condition ◽

Perinatal Care ◽

Compensation System ◽

Lessons Learned ◽

Annual Reports ◽

Perinatal Medicine ◽

Quality Health ◽

Fault Compensation ◽

Risk Treatment

AbstractCerebral palsy is a pathological condition whose prevention and treatment have been immensely studied by experts in perinatal medicine and pediatric neurology. Despite this, it is still one of the main concerns nowadays in many countries, not only for scientific reasons but for legal ones also. For instance, in Japan, an increase in lawsuits relating to cerebral palsy was observed more than a decade ago, after healthcare resources in perinatal medicine had increasingly shrunk and had become fragile under the growing burden for physicians and midwives to provide advanced treatment, emergent care, high-risk treatment, and so on. Young physicians did not specialize in obstetrics because of the increased burden, which gave rise to a vicious cycle of shrinking resources in perinatal medicine. To address this issue, the Japan Obstetric Compensation System for Cerebral Palsy (JOCS-CP) was urgently introduced in 2009 to investigate, develop preventive measures, and award monetary compensation on a no-fault basis, with the Japan Council for Quality Health Care (JQ) as its operating organization (Fig. 33.1). It has so far produced annual reports on the prevention of cerebral palsy for nine consecutive years including numerical data and specific themes relating to the occurrence and prevention of cerebral palsy. The success of the system is a good reference for responding to adverse events which may happen in and have a vast impact on perinatal care. Therefore, this chapter focuses on cerebral palsy with primary reference to materials published by the JOCS-CP in the field of perinatal medicine. The aim of this chapter is to learn about the issues mentioned above and to discuss the significance and impact of introducing a nationwide system like the JOCS-CP. It describes knowledge and idea to questions of “Why cerebral palsy is highlighted among adverse event in obstetrics?”, “How the no-fault compensation/investigation/prevention system could be introduced?”, “What has been achieved by the system?”, and “How cerebral palsy is prevented?”.

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