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“No-fault” compensation for victims of medical injuries. Ten years of implementing the French model

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  • Barbot, Janine
  • Parizot, Isabelle
  • Winance, Myriam

Abstract

For decades and in many countries, the issue of compensation for victims of medical injuries has led to lively debates. In 2002, a law set up a new model for compensation in France – based on the creation of a “no fault” compensation scheme and of an out-of-court settlement mechanism. This is one of the most recent models to have been adopted in European countries. This article analyses the choices made by the law and discusses the key figures of its ten years of implementation.

Suggested Citation

  • Barbot, Janine & Parizot, Isabelle & Winance, Myriam, 2014. "“No-fault” compensation for victims of medical injuries. Ten years of implementing the French model," Health Policy, Elsevier, vol. 114(2), pages 236-245.
    • Handle: RePEc:eee:hepoli:v:114:y:2014:i:2:p:236-245
    DOI: 10.1016/j.healthpol.2013.09.004
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    References listed on IDEAS

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    1. Kachalia, Allen B. & Mello, Michelle M. & Brennan, Troyen A. & Studdert, David M., 2008. "Beyond negligence: Avoidability and medical injury compensation," Social Science & Medicine, Elsevier, vol. 66(2), pages 387-402, January.
    2. Danzon, Patrigia M., 1994. "The Swedish patient compensation system: Myths and realities," International Review of Law and Economics, Elsevier, vol. 14(4), pages 453-466, December.
    3. Barbot, Janine, 2006. "How to build an "active" patient? The work of AIDS associations in France," Social Science & Medicine, Elsevier, vol. 62(3), pages 538-551, February.
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    Cited by:

    1. Paola Bertoli & Veronica Grembi, 2018. "Medical Malpractice: How Legal Liability Affects Medical Decisions," Contributions to Economic Analysis, in: Health Econometrics, volume 127, pages 235-261, Emerald Group Publishing Limited.

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