Redress Schemes for Personal Injuries
Published on 30. November 2017
Book
Hardback
736 pages
978-1-5099-1661-0 (ISBN)
Description
This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number - over forty - of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes.
Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA.
Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted.
Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress.
With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.
Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA.
Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted.
Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress.
With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.
Reviews / Votes
The work gives profound insights and very detailed descriptions of the material conditions and procedures of the respective compensation systems. It is thus an extraordinarily exhaustive, legally, factually and socio-legally highly interesting foundation for any kind of discussion about compensation concepts. (Translated from the original German) -- Johannes Riedel * MedizinRecht * [T]his book is a genuinely useful resource for anyone interested in the question of whether there is a better way to deal with accidental injuries than a system predicated on fault... Perhaps this book will provide the impetus for a radical new look at the question of how we should compensate for accidents. -- Per Laleng, School of Law, University of Kent * European Journal of Health Law * [T]his is a very useful contribution to our knowledge of compensation schemes and provides much-needed analysis at a time when traditional compensation systems are under increasing scrutiny. It is also to be commended for shining a light on schemes not necessarily familiar to common law scholars and for providing a useful resource for further discussion of alternatives to the court-based system of compensation. -- Ursula Connolly, National University of Ireland, Galway * The Irish Jurist * Redress Schemes for Personal Injuries is a well-balanced description of compensation schemes from around the world. The book offers a comprehensive overview of a large number of existing compensation schemes, with a detailed description of their background and functioning. It is an informative, stimulating, and challenging book. -- Sebastian Peyer, University of East Anglia * Medical Law Review *More details
Series
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Product notice
Hardback (stationery)
Dimensions
Height: 248 mm
Width: 172 mm
Thickness: 52 mm
Weight
1540 gr
ISBN-13
978-1-5099-1661-0 (9781509916610)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Sonia Macleod is a Researcher with the Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.
Christopher Hodges is Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re/CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.
Christopher Hodges is Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re/CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.
Content
Part I: Introduction
1. An Introduction to the Schemes
Sonia Macleod and Christopher Hodges
Part II: New Zealand and Australia
2. New Zealand: The Accident Compensation Scheme
Christopher Hodges and Sonia Macleod
3. Australia: Workers' Compensation
Mary Walker
Part III: Nordic States
Sonia Macleod, Matti Urho and Christopher Hodges
4. Nordic Injury Compensation Schemes
5. Sweden
6. Denmark
7. Finland
8. Norway
Part IV: US Schemes
Sonia Macleod
9. No-Fault Schemes in the USA
10. Motor Vehicle Coverage in the USA
11. The Virginia Birth-Related Neurological Injury Compensation Program
12. The Florida Birth-Related Neurological Injury Compensation Association
13. September 11 Victim Compensation Fund
Part V: Vaccines and Pharmaceuticals
14. The Thalidomide Trust
Sonia Macleod
15. Vaccine Injury Compensation Schemes
Sonia Macleod
16. The Japanese Pharmaceutical Injury Scheme
Sonia Macleod and Christopher Hodges
17. Injuries in Clinical Trials on Medicines and Clinical Evaluation of Medical Devices
Christopher Hodges and Shuna Mason
Part VI: Patient Injuries
18. France: The ONIAM Scheme
Claire Bright and Christopher Hodges
19. Polish No-Fault Medical Compensation Scheme
Magdalena Tulibacka
20. Ireland: The Injuries Board
Christopher Hodges
21. Ireland: Health Services and Redress for Women Formerly Resident in Magdalen Laundries
Raymond Byrne
22. Germany
Herbert Woopen and Christopher Hodges
Part VII: UK Schemes
23. The Armed Forces Compensation Scheme
Sonia Macleod
24. Criminal Injuries Compensation Scheme
Sonia Macleod
25. Industrial Injuries Disablement Benefit
Sonia Macleod
26. UK Mesothelioma Compulsory Insurance Fund and Compensation Scheme
Sonia Macleod
27. Miners' Compensation Schemes
Sonia Macleod
28. Compensation Scheme for Hepatitis C and HIV
Sonia Macleod
29. Creutzfeldt-Jakob Disease
Sonia Macleod
Part VIII: Corporate Schemes for Medical Devices
Sonia Macleod
30. Dow Corning Breast Implant Compensation
31. Trilucent Breast Implants
32. ASR Hip Reimbursement Programme
Part IX: Conclusions
Sonia Macleod and Christopher Hodges
33. Conclusions
34. Parameters and Outline of a Modern Compensation Scheme
1. An Introduction to the Schemes
Sonia Macleod and Christopher Hodges
Part II: New Zealand and Australia
2. New Zealand: The Accident Compensation Scheme
Christopher Hodges and Sonia Macleod
3. Australia: Workers' Compensation
Mary Walker
Part III: Nordic States
Sonia Macleod, Matti Urho and Christopher Hodges
4. Nordic Injury Compensation Schemes
5. Sweden
6. Denmark
7. Finland
8. Norway
Part IV: US Schemes
Sonia Macleod
9. No-Fault Schemes in the USA
10. Motor Vehicle Coverage in the USA
11. The Virginia Birth-Related Neurological Injury Compensation Program
12. The Florida Birth-Related Neurological Injury Compensation Association
13. September 11 Victim Compensation Fund
Part V: Vaccines and Pharmaceuticals
14. The Thalidomide Trust
Sonia Macleod
15. Vaccine Injury Compensation Schemes
Sonia Macleod
16. The Japanese Pharmaceutical Injury Scheme
Sonia Macleod and Christopher Hodges
17. Injuries in Clinical Trials on Medicines and Clinical Evaluation of Medical Devices
Christopher Hodges and Shuna Mason
Part VI: Patient Injuries
18. France: The ONIAM Scheme
Claire Bright and Christopher Hodges
19. Polish No-Fault Medical Compensation Scheme
Magdalena Tulibacka
20. Ireland: The Injuries Board
Christopher Hodges
21. Ireland: Health Services and Redress for Women Formerly Resident in Magdalen Laundries
Raymond Byrne
22. Germany
Herbert Woopen and Christopher Hodges
Part VII: UK Schemes
23. The Armed Forces Compensation Scheme
Sonia Macleod
24. Criminal Injuries Compensation Scheme
Sonia Macleod
25. Industrial Injuries Disablement Benefit
Sonia Macleod
26. UK Mesothelioma Compulsory Insurance Fund and Compensation Scheme
Sonia Macleod
27. Miners' Compensation Schemes
Sonia Macleod
28. Compensation Scheme for Hepatitis C and HIV
Sonia Macleod
29. Creutzfeldt-Jakob Disease
Sonia Macleod
Part VIII: Corporate Schemes for Medical Devices
Sonia Macleod
30. Dow Corning Breast Implant Compensation
31. Trilucent Breast Implants
32. ASR Hip Reimbursement Programme
Part IX: Conclusions
Sonia Macleod and Christopher Hodges
33. Conclusions
34. Parameters and Outline of a Modern Compensation Scheme