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Redress Schemes for Personal Injuries

Redress Schemes for Personal Injuries

Author: Sonia Macleod; Christopher Hodges
Publisher: Hart Publishing
ISBN: 9781509916610
Published In: November 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number, over forty, personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress provider are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; motor vehicle schemes from USA.

Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress.

With contributions by Claire Bright, Raymond Byrne, Naomi Creutzfeldt, Matti Urho, Mary Walker and Herbert Woopen.

Part I: Introduction

1. An Introduction to the Schemes

Sonia Macleod and Christopher Hodges

Part II: New Zealand and Australia

2. New Zealand: The Accident Compensation Scheme

Christopher Hodges and Sonia Macleod

3. Australia: Workers' Compensation

Mary Walker

Part III: Nordic States

Sonia Macleod, Matti Urho and Christopher Hodges

4. Nordic Injury Compensation Schemes

5. Sweden

6. Denmark

7. Finland

8. Norway

Part IV: US Schemes

Sonia Macleod

9. No-Fault Schemes in the USA

10. Motor Vehicle Coverage in the USA

11. The Virginia Birth-Related Neurological Injury Compensation Program

12. The Florida Birth-Related Neurological Injury Compensation Association

13. September 11 Victim Compensation Fund

Part V: Vaccines and Pharmaceuticals

14. The Thalidomide Trust

Sonia Macleod

15. Vaccine Injury Compensation Schemes

Sonia Macleod

16. The Japanese Pharmaceutical Injury Scheme

Sonia Macleod and Christopher Hodges

17. Injuries in Clinical Trials on Medicines and Clinical Evaluation of Medical Devices

Christopher Hodges and Shuna Mason

Part VI: Patient Injuries

18. France: The ONIAM Scheme

Claire Bright and Christopher Hodges

19. Polish No-Fault Medical Compensation Scheme

Magdalena Tulibacka

20. Ireland: The Injuries Board

Christopher Hodges

21. Ireland: Health Services and Redress for Women Formerly Resident in Magdalen Laundries

Raymond Byrne

22. Germany

Herbert Woopen and Christopher Hodges

Part VII: UK Schemes

23. The Armed Forces Compensation Scheme

Sonia Macleod

24. Criminal Injuries Compensation Scheme

Sonia Macleod

25. Industrial Injuries Disablement Benefit

Sonia Macleod

26. UK Mesothelioma Compulsory Insurance Fund and Compensation Scheme

Sonia Macleod

27. Miners' Compensation Schemes

Sonia Macleod

28. Compensation Scheme for Hepatitis C and HIV

Sonia Macleod

29. Creutzfeldt–Jakob Disease

Sonia Macleod

Part VIII: Corporate Schemes for Medical Devices

Sonia Macleod

30. Dow Corning Breast Implant Compensation

31. Trilucent Breast Implants

32. ASR Hip Reimbursement Programme

Part IX: Conclusions

Sonia Macleod and Christopher Hodges

33. Conclusions

34. Parameters and Outline of a Modern Compensation Scheme

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