Tort and Insurance Law, vol. 8Jos Dute/Michael G. Faure/Helmut Koziol (eds.)
No-Fault Compensation
in the Health Care Sector

Tort and Insurance Law, vol. 8

originally published with Springer (Vienna/New York); now available at Verlag Österreich (Vienna)
492 p. ISBN 978-3-7046-5821-0

Language: English

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Liability of medical practitioners as well as hospitals has become increasingly important throughout the last decades. The number of claims as well as the amounts of damages have risen. Are mere modifications of the classical liability law sufficient to meet the needs of the 21st century´s society? Is the introduction of a no-fault compensation model on the basis of insurance or funds the solution to the problem? This study provides an overview of the legal situations in various European countries and (because of its dissimilarity) New Zealand. Moreover the case law of these jurisdictions is analyzed by renowned tort law experts. A comparative survey highlights the tendencies which can be found. Furthermore, the economic aspects of the liability systems in the health care area are presented. The reader finds information about the different ways in which contractual liability, liability based on fault, insurance and fund models are combined.
Contents and Contributors

Economic Analysis
M. Faure: Economic Observations Concerning Optimal Prevention and Compensation of Damage Caused by Medical Malpractice 
Country Reports
B. A. Koch, H. Koziol: Compensation in the Austrian Health Care Sector
M. A. Jones: Compensation in the English Health Care Sector
M. Mikkonen: Compensation in the Finnish Health Care Sector
V. Rachet-Darfeuille: Compensation in the French Health Care Sector
C. Wendehorst: Compensation in the German Health Care Sector  PDG Skegg: Compensation in the New Zealand Health Care Sector M. Martín-Casals, J. C. Feliu, C. Seuba Torreblanca: Compensation in the Spanish Health Care Sector
L. Wendel: Compensation in the Swedish Health Care Sector
O. Guillod: Compensation in the Swiss Health Care Sector 

Comparative Reports
B.A. Koch, H. Koziol: Comparative Report and Conclusions
J. Dute: A Comparison of No-Fault Compensation Schemes