Journal Article

No-fault compensation for medical injuries: the prospect for error prevention.

Studdert DM, Brennan TA. JAMA. 2003;286.

The authors from the Harvard School of Public Health describe a “no-fault” compensation system for medical injuries and errors, one that does not predicate compensation on proof of practitioner fault or negligence. They address cost concerns in implementing a no-fault system and the presumption that eliminating liability will dilute incentives to provide high-quality care. The authors describe the no-fault system in Sweden and outline its implementation in the United States. They postulate that such a system would encourage error reporting and could be linked to reforms that make institutions, rather than individuals, responsible for injuries to patients.