The No-Fault Alternative to Medical Malpractice Litigation: Compensation, Deterrence, and Viability Aspects of a Patient Compensation Scheme

A perceived medical malpractice crisis has caused state legislatures throughout the nation to enact a variety of statutes, which are intended to cope with this problem. This article looks at a variety of possible solutions before presenting a possible solution. Rather than radical change, a more effective and certainly safer method of dealing with the inefficiencies and inequities of the present medical negligence system is a policy of incremental change, implementing modifications in the existing tort system that have been demonstrated to reduce system costs, and adding others which have a high likelihood of effectiveness.