[Advantages and disadvantages of a "no-fault" compensation system]. 2003

J Legemaate
Koninklijke Nederlandsche Maatschappij tot bevordering der Geneeskunst (KNMG), Postbus 20.051, 3502 LB Utrecht. j.legemaate@fed.knmg.nl

Should the present legal regulation of medical negligence be replaced by a no-fault compensation system (NFCS)? The Dutch government is preparing a viewpoint on this issue on the basis of a research report that describes the pros and cons of a NFCS. Recently, the British chief medical officer (CMO) rejected the introduction of a comprehensive NFCS. Instead, the CMO proposed to introduce other reforms to mitigate the disadvantages of the present system of medical litigation. A NFCS has certain advantages but is supposedly very expensive. Other policy measures can be considered as well.

UI MeSH Term Description Entries
D007351 Insurance, Liability Insurance against loss resulting from liability for injury or damage to the persons or property of others. No-Fault Insurance,Insurance, No-Fault,Liability Insurance,No Fault Insurance
D008318 Malpractice Failure of a professional person, a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows. (Random House Unabridged Dictionary, 2d ed) Professional Negligence,Negligence,Negligence, Professional,Professional Negligences
D009426 Netherlands Country located in EUROPE. It is bordered by the NORTH SEA, BELGIUM, and GERMANY. Constituent areas are Aruba, Curacao, and Sint Maarten, formerly included in the NETHERLANDS ANTILLES. Holland,Kingdom of the Netherlands
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D016365 Liability, Legal Accountability and responsibility to another, enforceable by civil or criminal sanctions. Institutional Liability,Personal Liability,Professional Liability,Legal Liability,Medical Liability,Torts,Institutional Liabilities,Legal Liabilities,Liabilities, Institutional,Liabilities, Legal,Liabilities, Medical,Liabilities, Personal,Liabilities, Professional,Liability, Institutional,Liability, Medical,Liability, Personal,Liability, Professional,Medical Liabilities,Personal Liabilities,Professional Liabilities,Tort
D035881 Compensation and Redress Payment, or other means of making amends, for a wrong or injury. Compensation,Redress and Compensation

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