Tort Law and Tortious Liability
In common law jurisdiction, a civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. The person who commits the act is called a tortfeasor.
Pros and Cons of the current system of Tortious Liability
- It safeguards the patient's rights and access to compensation when the authority is liable.
- Justice to be served.
- It gives the doctors a kind of reminder of responsible practice.
- It may be abused by the patients to seek financial reward.
- It puts doctors under tremendous stress when going through the legal process.
- Over-emphasis on the patient's rights may lead to defensive medicine, it must be reasonable (which means evidence-based).
In recent years, the amount of compensation is increasing as claim cases are increasing due to financial reward gained. The UK government is trying to exert control over the amount of compensation. Please refer to my blog on 'No Fault System'.