No-fault compensation for medical injury: the New Zealand experience

The deficiencies of the tort system in handling medical negligence claims have been apparent for a number of years. The inaccessibility of the litigation system and particular difficulties of proving medical negligence deter many potential litigants from pursuing their claim. Alternatives to the fau...

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Main Author:	Jahn Kassim, Puteri Nemie
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2003
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/7924/ http://irep.iium.edu.my/7924/ http://irep.iium.edu.my/7924/1/2003_-_No-fault_compensation_for_medical_injury-_the_New_Zealand_experience.pdf

id	iium-7924
recordtype	eprints
spelling	iium-79242011-11-29T06:50:26Z http://irep.iium.edu.my/7924/ No-fault compensation for medical injury: the New Zealand experience Jahn Kassim, Puteri Nemie K Law (General) The deficiencies of the tort system in handling medical negligence claims have been apparent for a number of years. The inaccessibility of the litigation system and particular difficulties of proving medical negligence deter many potential litigants from pursuing their claim. Alternatives to the fault-based system have been proposed and also implemented in some countries such as New Zealand, Sweden and Finland. These countries have adopted no-fault compensation schemes to compensate victims of medical injuries. By implementing a no-fault compensation scheme, fault becomes irrelevant, as a social insurance plan provides compensation for all personal injuries arising out of accidents, including medical mishaps, whatever may have been their cause. New Zealand was the first country to adopt a comprehensive no-fault compensation scheme for personal injury by accident. The scheme covered work and road traffic accidents, those occuring at home or during sporting activity and also, the results of medical mishaps and malpractices. The scheme's workings and development have been a source of interest for policy makers to obtain important information on how to overcome the rigours of the fault-based system. The New Zealand scheme can provide valuable lessons for a country in designing a no-fault scheme for medical injuries which is simple to run, straight forward in operation and acceptable in costs. International Islamic University Malaysia 2003 Article PeerReviewed application/pdf en http://irep.iium.edu.my/7924/1/2003_-_No-fault_compensation_for_medical_injury-_the_New_Zealand_experience.pdf Jahn Kassim, Puteri Nemie (2003) No-fault compensation for medical injury: the New Zealand experience. IIUM Law Journal, 11 (1). pp. 83-95. ISSN 0128-2530 http://rms.research.iium.edu.my/bookstore/Category/65-wwwgooglecom.aspx
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Jahn Kassim, Puteri Nemie No-fault compensation for medical injury: the New Zealand experience
description	The deficiencies of the tort system in handling medical negligence claims have been apparent for a number of years. The inaccessibility of the litigation system and particular difficulties of proving medical negligence deter many potential litigants from pursuing their claim. Alternatives to the fault-based system have been proposed and also implemented in some countries such as New Zealand, Sweden and Finland. These countries have adopted no-fault compensation schemes to compensate victims of medical injuries. By implementing a no-fault compensation scheme, fault becomes irrelevant, as a social insurance plan provides compensation for all personal injuries arising out of accidents, including medical mishaps, whatever may have been their cause. New Zealand was the first country to adopt a comprehensive no-fault compensation scheme for personal injury by accident. The scheme covered work and road traffic accidents, those occuring at home or during sporting activity and also, the results of medical mishaps and malpractices. The scheme's workings and development have been a source of interest for policy makers to obtain important information on how to overcome the rigours of the fault-based system. The New Zealand scheme can provide valuable lessons for a country in designing a no-fault scheme for medical injuries which is simple to run, straight forward in operation and acceptable in costs.
format	Article
author	Jahn Kassim, Puteri Nemie
author_facet	Jahn Kassim, Puteri Nemie
author_sort	Jahn Kassim, Puteri Nemie
title	No-fault compensation for medical injury: the New Zealand experience
title_short	No-fault compensation for medical injury: the New Zealand experience
title_full	No-fault compensation for medical injury: the New Zealand experience
title_fullStr	No-fault compensation for medical injury: the New Zealand experience
title_full_unstemmed	No-fault compensation for medical injury: the New Zealand experience
title_sort	no-fault compensation for medical injury: the new zealand experience
publisher	International Islamic University Malaysia
publishDate	2003
url	http://irep.iium.edu.my/7924/ http://irep.iium.edu.my/7924/ http://irep.iium.edu.my/7924/1/2003_-_No-fault_compensation_for_medical_injury-_the_New_Zealand_experience.pdf
first_indexed	2023-09-18T20:17:28Z
last_indexed	2023-09-18T20:17:28Z
_version_	1777407883247353856

No-fault compensation for medical injury: the New Zealand experience

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