Journal article

Beyond negligence: Avoidability and medical injury compensation

Allen B Kachalia, Michelle M Mello, Troyen A Brennan, David M Studdert

SOCIAL SCIENCE & MEDICINE | PERGAMON-ELSEVIER SCIENCE LTD | Published : 2008

Abstract

Disenchantment with the tort system and negligence standard in the United States is fueling interest in alternate compensation systems for medical injury. One possibility is experimentation with administrative "health courts," through which specialized adjudicators would utilize neutral experts to render compensability determinations. Compensation would be based not on negligence, but rather on a broader avoidable medical injury (avoidability) standard. Although considerable interest in health courts exists, stakeholders frequently express uncertainty about the meaning and operation of an avoidability standard. Three nations-Sweden, Denmark, and New Zealand-have long operated administrative ..

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