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UK should introduce a no-fault compensation system
May 07, 2003It is time for the UK to introduce a no-fault compensation system in dealing with clinical negligence, argues a senior doctor in this week’s BMJ.
The current system is based on the law of tort, which requires the claimant to prove harm caused by a breech of the duty of care. The adversarial and blame orientated nature of this system is not conducive to the culture of openness required by clinical governance and the NHS Plan, writes the author.
Supporters of the current system point to the threat of litigation as a deterrent to substandard care, yet any deterrent role is becoming increasingly redundant in the face of more effective risk management, clinical governance, peer review, and monitoring by hospital authorities and the General Medical Council.
The British Medical Association regards the present system as harmful, unpredictable, and unjust for both patients and medical staff.
A no-fault system would increase compliance with the mandatory reporting of adverse clinical events and would facilitate the culture of openness demanded by clinical governance, the NHS Plan, and the modern approach to look for errors in the organisations instead of blaming individuals, says the author.
It should be introduced on a limited pilot basis and monitored closely for some years, he concludes.
British Medical Journal (BMJ)
The British Medical Association regards the present system as harmful, unpredictable, and unjust for both patients and medical staff.
A no-fault system would increase compliance with the mandatory reporting of adverse clinical events and would facilitate the culture of openness demanded by clinical governance, the NHS Plan, and the modern approach to look for errors in the organisations instead of blaming individuals, says the author.
It should be introduced on a limited pilot basis and monitored closely for some years, he concludes.
British Medical Journal (BMJ)
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