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The Economics of Clinical Negligence Reform in England

Author

Listed:
  • Paul Fenn
  • Alastair Gray
  • Neil Rickman

Abstract

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. Copyright 2004 Royal Economic Society.

Suggested Citation

  • Paul Fenn & Alastair Gray & Neil Rickman, 2004. "The Economics of Clinical Negligence Reform in England," Economic Journal, Royal Economic Society, vol. 114(496), pages 272-292, June.
    • Handle: RePEc:ecj:econjl:v:114:y:2004:i:496:p:f272-f292
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    Cited by:

    1. Feess, Eberhard & Ossig, Sonja, 2007. "Reimbursement schemes for hospitals, malpractice liability, and intrinsic motivation," International Review of Law and Economics, Elsevier, vol. 27(4), pages 423-441, December.
    2. Sofia, AmaralGarcia & Veronica, Grembi, 2011. "Curb your premium! evaluating state intervention in medical malpractice insurance," MPRA Paper 32301, University Library of Munich, Germany.
    3. Amaral-Garcia, Sofia & Grembi, Veronica, 2014. "Curb your premium: The impact of monitoring malpractice claims," Health Policy, Elsevier, vol. 114(2), pages 139-146.
    4. Marc Aliana & Diego Prior & Emili Tortosa-Ausina, 2024. "Assessing the impact of environmental factors on emergency healthcare quality: Implications for budget allocation," Working Papers 2024/04, Economics Department, Universitat Jaume I, Castellón (Spain).
    5. Sofia Amaral-Garcia, 2014. "Curb your Premium! The Impact of Monitoring Medical Malpractice Claims," ULB Institutional Repository 2013/301513, ULB -- Universite Libre de Bruxelles.
    6. Fenn, Paul & Gray, Alastair & Rickman, Neil, 2007. "Liability, insurance and medical practice," Journal of Health Economics, Elsevier, vol. 26(5), pages 1057-1070, September.

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