Publication: Medical Malpractice Systems Around the Globe: Examples from the US-Tort Liability System and the Sweden-No Fault System
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2013
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2013
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In this paper two main medical malpractice systems are discussed - tort liability system in the US and no-fault system adopted in OECD countries- most notably in Sweden. These systems were discussed from administrative issues, deterrence, financing,compensation, costs occur to parties involved in malpractice cases, quality of care and finally their impact on health care costs. Tort liability system is a “social insurance of a market society” where patients are compensated when the negligence is proved to be the cause of the injury, whereas no-fault system is a “social insurance of goodwill” where the patients are compensated without proof of providers’ fault. Tort litigation system has been criticized for being inefficient, unfair, and costly to both patients, health care providers and to health care system. No-fault system is introduced as an alternative totort system and adopted by many developed OECD countries. Although the system is more efficient and less costly for providing compensation to patients, it limits the patient’s right to appeal, and it appears that there is a trade-off between deterrence and the lower litigation costs. In order to overcome problems associated with the tort litigation system, several methods are suggested as an alternative current tort system in the US. These methods are discussed briefly at the end of the paper to provide information on different methods so that the countries who are in a process of planning to set a medical malpractice system could tailor some of suggested methods to their needs. There is no perfect medical malpractice system when the costs of litigation, deterrence, quality of care, financing, and fairness of compensation are considered simultaneously. Therefore, countries should adopt medical malpractice system by tailoring their functions to the conditions and the needs of the country.
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“World Bank. 2013. Medical Malpractice Systems Around the Globe: Examples from the US-Tort Liability System and the Sweden-No Fault System. © World Bank. http://hdl.handle.net/10986/26120 License: CC BY 3.0 IGO.”
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