Medical malpractice

“For years, proponents of wiping out the right to jury trials in U.S. medical malpractice cases have pointed to two countries with “no-fault” systems – Sweden and New Zealand – maintaining that if such systems work in those countries, they can also work here. This contention has become part of the case for so-called “health courts,” a U.S. proposal that would force all medical malpractice cases into a system based on workers’ compensation “no-fault” models.”

“In Canada, as in the United States, there is a perception that the country is in the throes of a malpractice "crisis" involving both liability and insurance issues-health care providers perceive an increased exposure to or risk of legal availability for ever larger amounts of money. However, claims data from the two countries vary widely, in part because of procedural and doctrinal difference between the two legal systems.”

“A claim based upon lack of informed consent alleges that had the risks been properly disclosed to the patient, the patient would have declined treatment or sought a different course of treatment. If a healthcare professional fails to obtain informed consent, even if the care provided satisfied the governing standard of care, it may be possible for the patient to bring a medical malpractice case if the patient experiences an unexpected side-effect or complication.”

““Health courts” would “entail some huge potential increases in total system costs. …If we take health care proponents at their word, their goal is to bring…currently non-claiming people into the process.” This, however “would multiply the number of claims involving negligence by a factor between 33 and 50.””