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Would A No Fault Regime be Better than the Current Negligence-Based System of Compensating Victims of Medical Accidents?
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| Submitted: Mon Jun 19 2006
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Would A No Fault Regime be Better than the Current Negligence-Based System of Compensating Victims of Medical Accidents? Introduction The current system of compensating victims of medical accidents is based on 'tort law' and proof of 'negligence'. Tort law "concerns compensable wrongs that do not arise from a breach of contract and cannot be remedied by an injuction against future interference." (Cooter and Ulen, 2000, p288). Therefore, tort law applies in instances where the transaction costs of creating a contract to cover all the potential outcomes of an accident, agreed upon by all those potentially affected, are too high. "The economic essence of tort law is its use of liability to internalize externalities created by high transaction costs." (Cooter and Ulen, 2000, p290). In order to claim compensation under the current system the plaintiff must "show that a duty of care existed; that the defendant failed to conform to the...
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