Medical Malpractice and Compensation in Global Perspective

This project surveys liability for medical malpractice and compensation for medical injuries from 14 national or regional perspectives (Austria, Brazil, Canada, China, France, Italy, Japan, Germany, New Zealand, the Nordic countries, Poland, South Africa, the United Kingdom and the United States). It considers in particular:
  • The overall scheme for regulating medical practice and compensating for medical adverse events and errors, including the relationship between social insurance, regulation and the liability system (including the theoretical availability and actual use of subrogation or reimbursement claims against tortfeasors by social or first-party insurance schemes).
  • The details of the liability system, including criminal, contract and tort and how the difficult causation issues are handled.
  • Available empirical data on medical errors, compensation, litigation rates and outcomes, and insurance costs (social, private first-party, private liability)
  • Attitudes and concerns about the liability and compensation systems.
The project is jointly led by Richard Wright (Chicago-Kent College of Law, Illinois Institute of Technology, USA) and Ken Oliphant (Institute for European Tort Law, Vienna) and will lead to a double symposium issue of the Chicago Kent Law Review as well as a title in the Institute's series Tort and Insurance Law (jointly edited by the European Centre of Tort and Insurance Law).