TY - JOUR
T1 - Administrative compensation for medical injuries
T2 - lessons from three foreign systems.
AU - Mello, Michelle M.
AU - Kachalia, Allen
AU - Studdert, David M.
PY - 2011/7/1
Y1 - 2011/7/1
N2 - The United States requires patients injured by medical negligence to seek compensation through lawsuits, an approach that has drawbacks related to fairness, cost, and impact on medical care. Several countries, including New Zealand, Sweden, and Denmark, have replaced litigation with administrative compensation systems for patients who experience an avoidable medical injury. Sometimes called "no-fault" systems, such schemes enable patients to file claims for compensation without using an attorney. A governmental or private adjudicating organization uses neutral medical experts to evaluate claims of injury and does not require patients to prove that health care providers were negligent in order to receive compensation. Information from claims is used to analyze opportunities for patient safety improvement. The systems have successfully limited liability costs while improving injured patients' access to compensation. American policymakers may find many of the elements of these countries' systems to be transferable to demonstration projects in the U.S.
AB - The United States requires patients injured by medical negligence to seek compensation through lawsuits, an approach that has drawbacks related to fairness, cost, and impact on medical care. Several countries, including New Zealand, Sweden, and Denmark, have replaced litigation with administrative compensation systems for patients who experience an avoidable medical injury. Sometimes called "no-fault" systems, such schemes enable patients to file claims for compensation without using an attorney. A governmental or private adjudicating organization uses neutral medical experts to evaluate claims of injury and does not require patients to prove that health care providers were negligent in order to receive compensation. Information from claims is used to analyze opportunities for patient safety improvement. The systems have successfully limited liability costs while improving injured patients' access to compensation. American policymakers may find many of the elements of these countries' systems to be transferable to demonstration projects in the U.S.
UR - http://www.scopus.com/inward/record.url?scp=79960949178&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=79960949178&partnerID=8YFLogxK
M3 - Article
C2 - 21770079
AN - SCOPUS:79960949178
SN - 1558-6847
VL - 14
SP - 1
EP - 18
JO - Issue brief (Commonwealth Fund)
JF - Issue brief (Commonwealth Fund)
ER -