2020

The faults of fault: the benefits of a no-fault system for health care liability

Fault Liability in the adverse events management is a highly inefficient criterion in MedMal cases, both because it encourages litigation of uncertain duration and costs, and because it does not capture the actual nature of the health risk. It is necessary to look at the legislation of the countries using compensation mechanisms on a No Fault basis, to which combine the management of psychic trauma as a form of support for the patient, regardless of the fault of the healthcare system.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.