About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

10 Asian J.L. & Econ. 1 (2019)

handle is hein.journals/ajle10 and id is 1 raw text is: Thi Bao Anh Nguyen', No-Fault Versus Strict Liability Compensation Systems in Medical Malpractice Law in Vietnam in Comparision with Belgium, France, and England Can Tho College, Law, Can Tho, Vietnam, E-mail: ntbanh114@gmail.com Universtiy of Antwerpen, Law, Antwerpen 2020, Belgium, E-mail: ntbanh114@gmail.com Abstract: Medical malpractice is a form of professional negligence and such a negligence forms part of the law of tort. As an alternative to the tort or fault-based system in medical malpractice, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system. This is through the provision of fair, speedy and adequate compensation for medically injured victims. A no-fault compensation system allows patients to be compensated without proof of provider's fault or negligence. Similar to no-fault schemes, the strict liability system is not fault-based although it belongs to tort law. Successful claims are paid in a uniform manner using a fixed benefits schedule and include compensation for both economic and non- economic (pain and suffering losses) without the necessity of proving negligence through a tort claim. This study focuses on the comparison of no-fault compensation systems versus strict liability systems between Viet- nam to Belgium, France, and England. The distinctions in Belgium, France, and England can be the lessons for the development of a no-fault compensation system as well as strict liability system in Vietnam. Keywords: medical malpractice, no-fault compensation fund, no-fault compensation system, strict liability, tort system DOI: 10.1515/ajle-2018-0004 1 Introduction Medical malpractice (MM) is a form of professional negligence and such a negligence forms part of the law of tort. 1 MM occurs when a negligent act, the omission by a doctor or other medical professional results in damage and harm to a patient. MM is a behavior which deviates from the generally accepted standard of care, that causes harm to the patient. Negligence by a medical professional can include an error in diagnosis, treatment or illness management. If such negligence results in injury to a patient, a legal case for MM can arise against the doctor, the hospital, local state or federal agencies that operate the medical facility.2 As an alternative to the tort or fault-based system, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system. No-fault system is not based on the criterion of fault.3 This is through the provision of fair, speedy and adequate compensation for medically in- jured victims.4 The form of no-fault system is most likely to be adopted would be one that provides automatic compensation and not for all iatrogenic injuries.5 Although strict liability system belongs to the tort system, it is a half way between the no fault-based. When an accident occurs, victims do not need to prove injurer's fault or negligence to obtain compensation. There is thus a very thin line between no-fault and strict liability systems. That is the reason why the scholars in law sometimes deal with them as equivalent systems. Still, the line between them is far from being significant.6 Therefore, the research will also analyse the strict liability systems of the countries as a content of no-fault compensation system. The implementation of a no-fault compensation system involves the shifting of responsibilities from the fault-bearer's individual responsibility to a wider collective responsibility through a social insurance scheme, built upon the principle of distributive justice.' The social insurance scheme places the responsibility to com- pensate the injured upon the shoulders of the community at large, or a group of people with common interest.8 Thi Bao Anh Nguyen is the corresponding author. 92019 Walter deGruyter GmbH, Berlin/Boston. 1 DEGCRUYTER Asian Journal of Law and Economics. 2019; 20180004

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most