No-fault compensation for medically caused injury : a comment on the current proposal / Deborah Marshall.

Perth : University of Western Australia Law School, 1991.

199950

Liability (Law) -- Australia.

Negligence -- Australia.

Torts -- Australia.

Compensation (Law) -- Australia.

I. Introduction

II. Comparing tort and no-fault

A. Compensation

B. Quality of care

C. Accountability

D. Fair allocation of accident costs

E. Efficiency

F. Malpractice crisis?

G. The verdict

III. The task force's proposal

A. Justifications for a limited scheme

B. Criteria for coverage

C. Problems of causation

D. Exclusion of the common law

E. Quality of care and accountability

F. Funding and cost

IV. Conclusions.

In 1989 the Task Force on Patients' Rights recommended in its report to the Committee of Health Ministers that "no-fault" schemes should be set up in Australian states to compensate patients who have been injured by medical treatment. The author briefly discusses the issues involved in the choice between no-fault and tort in this field - in particular deterrence, accountability and allocation of costs. She then examines several aspects of the Task Force's proposal, including justifications for a limited scheme, criteriafor coverage, and accountability. It is concluded that no-fault schemes should be introduced to help the plight ofpatients injured by medical treatment if this is shown to befinancially feasible by further research into the incidence of this type of injury. An Appendix to the article sets out the stories and opinions of some patients allegedly injured by medical treatment. - Abstract.

Includes bibliographical references.

1 online resource (pages 336 -364) : digital, PDF