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Tortious Liability in United Kingdom

November 28, 2018

Please read the blog on 'No Fault System' (8 October 2017) before going into the following Q&A.

 

Q. Might we be about to move into an era of 'excessive risk disclosure'? Would this necessarily be worse than the alternatives?

 

A. It might not be excessive, e.g. a perfectly normal individual without pre-existing diseases, you can disclose less. As long as it is tailored according to the patient's needs.

 

Q. Do you consider that a system of no fault compensation would be a more attractive way forward?

 

A. It is a better way forward because many a time a medically liable case is due to a combination of errors occurred and it is unfair to shoulder the responsibility to a single mistake. But it brings out another problem that is the coverage of clinicians in solo practice. Are they entitled to no fault compensation?

 

Q. Do you think the NHS Redress Act went far enough?

 

A. The NHS Redress Act 2006 (C44) is a consensual scheme by Parliament of United Kingdom which sets the upper limit of compensation. Its service involves the solo practice as well. It is to provide alternative to litigation.

 

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