Alert
Close

Think you know AARP? What you don't know about us may surprise you. Discover all the 'Real Possibilities'

HIGHLIGHTS

Open
America's Winter Escapes Sweepstakes
Introducing RealPad by AARP
You and Your Town Contest-You could win an AARP RealPad

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!

Contests and
Sweeps

Safe Driving in 2014 Sweepstakes

Learn how AARP Driver Safety can help you stay safe—and enter for a chance to win $1,000. See official rules. 

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

share your thoughts

What does the health care law mean to you? Your story is important. We read and learn from every story and it helps us in our educational efforts. We may even use your comments (with permission) to brief legislators, inspire readers and more. Please share your story with us. Do

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.

Discounts & Benefits

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

Grandson (8-9) whispering to grandfather, close-up

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

AARP/Walgreens Wellness Bus Stops in Clarksdale, MS

Members can get exclusive points offers from Walgreens and Duane Reade.

Member Benefits

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

Rewards for Good

Your Points Balance:

Learn More

Earn points for completing free online activities designed to enrich your life.

Find more ways to earn points

Redeem your points to save on merchandise, travel, and more.

Find more ways to redeem points