No-fault compensation in New Zealand: harmonizing injury compensation, provider accountability, and patient safety |
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Authors: | Bismark Marie Paterson Ron |
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Affiliation: | Buddle Findlay in Wellington, New Zealand. mariebismark@gmail.com |
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Abstract: | In 1974 New Zealand jettisoned a tort-based system for compensating medical injuries in favor of a government-funded compensation system. Although the system retained some residual fault elements, it essentially barred medical malpractice litigation. Reforms in 2005 expanded eligibility for compensation to all "treatment injuries," creating a true no-fault compensation system. Compared with a medical malpractice system, the New Zealand system offers more-timely compensation to a greater number of injured patients and more-effective processes for complaint resolution and provider accountability. The unfinished business lies in realizing its full potential for improving patient safety. |
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