Fault: An Alternative to the Current Tort-Based System in England and WalesThe United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
PAUL'S PULLOUT
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
FLEEING PHYSICIANS
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
CONCLUSION
Works Cited
Appendix A THE UNITED KINGDOM
INTRODUCTION
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual rise in cases, an examination of the consideration of a proposed no-fault alternative to the current system is underway. We will explore the basis of the current system, the impetus for change, and the characteristics of no-fault reform as experienced by other countries and its pros and cons. The principal aim of tort reform is to limit the legal or financial exposure of the NHS (National Health System) to liability for damages and to streamline the process of compensation for plaintiffs.
The common law legal system is germane not only to England, Wales and Northern Ireland, but also the Irish Republic which constitutes a major part of the mixed legal system of Scotland. The concept of Enterprise Liability was introduced in England in 1991 with Crown Indemnity and the establishment of the Clinical Negligence Scheme for Trusts, now run by the NHS Litigation Authority. There are similar schemes in Scotland and Wales. In the U.S. almost all hospitals whether self-insured or placing their insurance in the open commercial market do so on an "enterprise" basis. "Enterprise Liability extends the essence of liability of health boards and hospitals to the doctors and dentists in the same sense as they incur liability for the acts of other health care providers such as nurses and administrative staff.
A medical practitioner's conduct is generally measured by what is considered accepted medical practice. That means that a doctor will not be found negligent if a patient is treated in accordance with a practice accepted by a responsible body of medical opinion. Under the current system, by definition a "tort" is a breach of duty by negligence or malpractice leading to a liability for damages. A medical negligence trial will therefore focus on defining what accepted medical practice is in the circumstances of a particular case. Often the only experts qualified to make that determination are medical personnel.
Under the current system, the proper channel of redress for the patient is civil litigation, which contrary to no-fault solutions is founded on the principle of fault, responsibility and liability and resulting compensatory awards that reflect the nature of such findings. Since the cause of action is based in civil negligence, the burden of proof, and much of the financial burden until a determination and/or award is reached falls on potential plaintiffs, often including securing a bond equal to a significant percentage of alleged monetary damages.
The nature of a trial often boils down to the strength of the testimony of opposing experts: experts which can be a challenge for plaintiffs to retain. Doctors are reluctant to testify against peers, in the event they themselves one day are in the unattractive position of defendant. Cases can be complex and lengthy in nature during which time the victim remains uncompensated for their loss and awaits an uncertain outcome. Alan Milburn, in a BBC News Health broadcast on July 20, 2001, stated: at present the average time it takes for claims to be settled is 5.5 years.
A modicum of blame must be established before compensation for injury or loss can be rendered. In the meantime, an individual can suffer permanent and irreversible injury that, contrary to appearances, may be an exception to a normal expectation of a successful treatment, in which case there would be no blame. As a result, either no compensation is available, or an attempt is made...
The solution is easy. According to Eddie Boyle IRA'a primary objective is to upset the opponent's routine of life and the economy of the North. They will act in a manner to make certain the Army is all the while endeavoring to second guess the IRA and ascertain what is scheduled to occur the forthcoming moment. It is the objective of the IRA to restore social equality, self-rule, equity,
Roman Catholics, who made up around one-third of the population of Northern Ireland, were largely opposed to the partition (Intelligence pp). The IRA declined swiftly from internal dissentions and due to a loss of popular support because of its violence and pro-German agitation during World War II (Irish 2004). The attainment of republican objectives in 1949 and government measures against its illegal activities also contributed to its decline (Irish 2004).
It has also set off bombs in towns in the North of Ireland. The group is said to be the only military group in Ireland never to have yet killed or targeted a civilian. As of 2004, the CIRA is not believed to have an established presence or capability of launching attacks on the island of Great Britain. In 2004 the U.S. government believed the CIRA to consist of
After the period of the Irish Famine, nearly a quarter of the people in Ireland had left for America. Most of the Irish coming to America had been poor and could not afford to travel further inland. Thus, most of the Irish settled in the cities near the ports where they arrived. Those that had raised enough money to meet the expense of traveling and buying land moved to
The economy is market-oriented, and highly technologically advanced. Primary sectors include petroleum, steel, motor vehicles, consumer goods, aerospace, and telecommunications (CIA the World Factbook, United States). Both Ireland and the United States have a high degree of economic freedom. The Heritage Foundation ranks Ireland as the world's 7th freest economy, with high levels of investment, financial, business, and property rights freedom. However, labor freedom is the weakest area for Ireland
The RIRA on occasion attacks a British army base, or bombs a civilian site just to show it is still out there while FARC is a powerful force that the government has no choice but to negotiate with. Also, the RIRA does not recruit young children for its violent terrorist activities, while FARC recruits and kidnaps thousands of young boys and trains them in guerrilla warfare. The RIRA does
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