THE ECONOMICS OF CLINICAL NEGLIGENCE REFORM IN ENGLAND

English Version

In Britain, the NHS spends millions of pounds a year compensating patients injured during medical treatment. Compensation is paid if the patient can demonstrate that treatment was supplied negligently. However, concern over the cost, effectiveness and administrative efficiency of this approach has led jurisdictions like Sweden, New Zealand and some US states to alter the basis for compensation, and the Department of Health has now published proposals for reform in England. We assess the current approach in England and provide costings for some key alternatives to have featured in the latest policy debate. We draw lessons for reform from international experience.

Sustaining an injury related to medical care can have serious economic and health consequences and such injuries are a growing concern in many countries due to a perception that the costs they give rise to are rapidly increasing. Public policy in this area can be regarded as having to address two key objectives: providing compensation to those who have suffered injuries and providing incentives to practitioners to supply an appropriate standard of care. However, different countries have adopted widely varying strategies in pursuit of these objectives, and in particular have adopted very different approaches to the question of liability for injury.

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