No-Fault Compensation Schemes for Medical Injury: A Review

Abstract

This report was commissioned by the No-Fault Compensation Review Group in Scotland. It provides an up-to-date analysis of existing no-fault schemes in New Zealand, Sweden, Denmark, Norway, and Finland, as well as limited schemes which operate in Virginia and Florida in the United States. Drawing on such analysis, the report considers a number of specific elements such as the advantages and disadvantages of no-fault schemes; choice of model; equality of coverage; cost and affordability; access to justice; and linkages to patient complaints processes, professional accountability and patient safety. The report was designed to assist the Group in its deliberations on whether a no-fault compensation scheme for medical injury should be established in Scotland. The Group’s report setting out its findings and recommendations was published in 2011.