Redress Schemes for Personal Injuries

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Sonia Macleod (University of Oxford, UK) Professor Christopher Hodges (University of Oxford, UK)

Redress Schemes for Personal Injuries

Sonia Macleod (University of Oxford, UK), Professor Christopher Hodges (University of Oxford, UK)

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English

Hart/Beck
30 November 2017

Arbitration, mediation & alternative dispute resolution; Consumer protection law; Personal injury

Series: Civil Justice Systems

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 – of 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 providers 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; as well as motor vehicle schemes from the 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 Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.

By: Sonia Macleod (University of Oxford UK), Professor Christopher Hodges (University of Oxford, UK)
Imprint: Hart/Beck
Country of Publication: United Kingdom
Dimensions: Height: 244mm, Width: 169mm,
Weight: 1.385kg
ISBN: 9781509916610
ISBN 10: 150991661X
Series: Civil Justice Systems
Pages: 736
Publication Date: 30 November 2017
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

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

Sonia Macleod is a Researcher with the Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford. Christopher Hodges is Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re/CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.

Reviews for Redress Schemes for Personal Injuries

[T]his is a very useful contribution to our knowledge of compensation schemes and provides much-needed analysis at a time when traditional compensation systems are under increasing scrutiny. It is also to be commended for shining a light on schemes not necessarily familiar to common law scholars and for providing a useful resource for further discussion of alternatives to the court-based system of compensation. -- Ursula Connolly, National University of Ireland, Galway * The Irish Jurist * [T]his book is a genuinely useful resource for anyone interested in the question of whether there is a better way to deal with accidental injuries than a system predicated on fault... Perhaps this book will provide the impetus for a radical new look at the question of how we should compensate for accidents. -- Per Laleng, School of Law, University of Kent * European Journal of Health Law * The work gives profound insights and very detailed descriptions of the material conditions and procedures of the respective compensation systems. It is thus an extraordinarily exhaustive, legally, factually and socio-legally highly interesting foundation for any kind of discussion about compensation concepts. (Translated from the original German) -- Johannes Riedel * MedizinRecht * Redress Schemes for Personal Injuries is a well-balanced description of compensation schemes from around the world. The book offers a comprehensive overview of a large number of existing compensation schemes, with a detailed description of their background and functioning. It is an informative, stimulating, and challenging book. -- Sebastian Peyer, University of East Anglia * Medical Law Review *