No-fault medical liability in Virginia and Florida. A preliminary evaluation.
State governments are experimenting with a variety of innovative approaches to the current tort system for medical malpractice liability. One such approach is to apply the concept of no-fault liability to medical practice. States such as Virginia and Florida have already adopted a limited version of such a concept. This article examines the problems of the current tort system, different types of no-fault medical insurance alternatives and their advantages, and the experiences of the states of Virginia and Florida with their limited no-fault malpractice insurance systems. The author concludes that the concept of no-fault compensation for medical malpractice is a promising remedy. However, it is a medicine that will require more testing before it can be pronounced a cure for the disease that plagues the current system.
Southwest Missouri State University, USA.
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D001720:Birth Injuries / Q000191:economics*; D005431:Florida; D006801:Humans; D007231:Infant, Newborn; D007351:Insurance, Liability / Q000331:legislation & jurisprudence*; D016365:Liability, Legal; D008318:Malpractice / Q000191:economics / Q000331:legislation & jurisprudence*; D009936:Organizational Innovation; D015397:Program Evaluation; D013221:State Health Plans / Q000191:economics* / Q000331:legislation & jurisprudence; D014481:United States; D014768:Virginia