Alert
Close

Help Decide the Future of Aging. Join the White House’s Live Stream Tomorrow From Seattle. Learn more

HIGHLIGHTS

Open
AARP Staying Sharp: Keep Your Brain Healthy
Bob Dylan Talks!

AARP VETERAN MEMBERSHIP

Military and Veterans Discount

CONTESTS AND SWEEPS

You Could Choose Your Dream Vacation

AARP REALPAD

Introducing RealPad by AARP

AUTO BUYING PROGRAM

AARP Auto Buying Program

Download the ipad App

AARP-iPad-ePub-app

DRIVER SAFETY

Piggy bank on the road - AARP Driver Safety

Take the new AARP Smart Driver Course!

KEEP BRAIN ACTIVE!

AARP Games - Play Now!

AARP BOOKS

Planning for Long-Term Care for Dummies

Get expert advice on planning for your own or a relative’s future care needs.

Webinars

Learn From the Experts

Sign up now for an upcoming webinar or find materials from a past session.

Learning centers

Get smart strategies for managing health conditions.

 

Arthritis

Heart Disease

Diabetes

Most Popular

Viewed

No-Fault Medical Malpractice Compensation: Policy Considerations for Design of a Demonstration Project

This and Related Reports

For many years, there has been discussion in medico-legal academic circles of replacing tort-based compensation for medical errors with an administrative alternative in which an individual provider’s fault or blameworthiness is not at issue. Such a system would offer the prospect of a simpler, fairer, more efficient, and less contentious means of adjudicating claims, while facilitating candid and self-critical discussion of the causes of medical errors. Some proponents of this approach suggest that it would also result in more injury compensation paid to elderly claimants.

No-fault advocates are now beginning the difficult task of designing a demonstration project. Designers of an administrative system face a difficult task in reconciling the competing values and needs at stake. Striking a balance too far in the direction of relieving providers’ litigation burdens could result in patients losing not only the unique form of agency they wield in tort litigation but also some of their awards. In order to ensure that patients benefit from a no-fault project, basic consumer protections must be built into the system.

This AARP Public Policy Institute Issue Paper examines the quandaries posed by the collision of the no-fault approach’s ambitious goals with practical and cost constraints, uncertainty about medical science, and competing notions of fairness. It discusses how these dilemmas will manifest themselves in such key design decisions as the role that neutral experts will play; changing the “standard of care;” and system oversight. (32 pages)

Topic Alerts

You can get weekly email alerts on the topics below. Just click “Follow.”

Manage Alerts

Processing

Please wait...

progress bar, please wait

Tell Us WhatYou Think

Please leave your comment below.

Advertisement

Discounts & Benefits

From companies that meet the high standards of service and quality set by AARP.

Walgreens 1 discount membership aarp

Members get exclusive points offers from Walgreens, Duane Reade and Walgreens.com.

member benefit aarp hear usa

Members can save 20% on hearing aids with the AARP® Hearing Care Program provided by HearUSA.

AARP membership discount Man trying on eyeglasses at optometrists smiling

Members save up to 60% on eye exams and 30% on glasses at LensCrafters.

Member Benefits

Join or renew today! AARP members receive exclusive member benefits & affect social change.

Advertisement