Redress schemes for personal injuries / Sonia Macleod, Researcher, Centre for Socio-Legal Studies, University of Oxford, Christopher Hodges, Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, Head of the CMS/Swiss Re Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford, Solicitor (non-practising) ; with contributors, Raymond Bryne, Law Commissioner, Ireland [and six others].
Macleod, Sonia, author.; Hodges, Christopher, author.
2017
K925 .M33 2017 (Mapit)
Available at Stacks

Items

Details

Author
Macleod, Sonia, author.
Title
Redress schemes for personal injuries / Sonia Macleod, Researcher, Centre for Socio-Legal Studies, University of Oxford, Christopher Hodges, Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, Head of the CMS/Swiss Re Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford, Solicitor (non-practising) ; with contributors, Raymond Bryne, Law Commissioner, Ireland [and six others].
Added Author
Hodges, Christopher, author.
Imprint
Oxford ; London : Hart Publishing, an imprint of Bloomsbury Publishing Plc ; Portland, OR : Hart Publishing, 2017.
Description
xl, 690 pages : illustrations ; 25 cm.
Series
Civil justice systems ; v. 5.
Formatted Contents Note
Part I. Introduction: An introduction to the schemes / Sonia Macleod and Christopher Hodges
Part II. New Zealand and Australia: New Zealand: the Accident Compensation Scheme / Christopher Hodges and Sonia Macleod
Australia: worker's compensation / Mary Walker
Part III. Nordic states / Sonia Macleod, Matti Urho and Christopher Hodges: Nordic injury compensation schemes; Sweden; Denmark; Finland; Norway
Part IV. US schemes / Sonia Macleod: No-fault schemes in the USA
Motor vehicle coverage in the USA
The Virginia Birth-Related Neurological Injury Compensation Program
The Florida Birth-Related Neurological Injury Compensation Association
September 11 Victim Compensation Fund
Part V. Vaccines and pharmaceuticals: The Thalidomide Trust / Sonia Macleod
Vaccine injury compensation schemes / Sonia Macleod
The Japanese pharmaceutical injury scheme / Sonia Macleod and Christopher Hodges
Injuries in clinical trials on medicines and clinical evaluation of medical devices / Christopher Hodges and Shuna Mason
Part VI. Patient injuries: France : the ONIAM scheme / Claire Bright and Christopher Hodges
Polish no-fault medical compensation scheme / Magdalena Tulibacka
Ireland: The Injuries Board / Christopher Hodges
Ireland: health services and redress for women formerly resident in Magdalen Laundries / Raymond Byrne
Germany / Herbert Woopen and Christopher Hodges
Part VII. UK schemes: The Armed Forces Compensation Scheme / Sonia Macleod
Criminal Injuries Compensation scheme / Sonia Macleod
Industrial Injuries Disablement Benefit / Sonia Macleod
UK mesothelioma compulsory insurance fund and compensation scheme / Sonia Macleod
Miners' compensation schemes / Sonia Macleod
Compensation scheme for hepatitis C and HIV / Sonia Macleod
Creutzfeldt-Jakob disease / Sonia Macleod
Part VIII. Corporate schemes for medical devices / Sonia Macleod: Dow Corning breast implant compensation; Trilucent breast implants; ASR hip reimbursement programme
Part IX. Conclusions / Sonia Macleod and Christopher Hodges: Conclusions; Parameters and outline of a modern compensation scheme.
Summary
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 lithe 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--Book jacket.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Available in Other Form
Online version: Macleod, Sonia. Redress schemes for personal injuries. Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017
Call Number
K925 .M33 2017
Language
English
ISBN
9781509916610 hardback alkaline paper
150991661X hardback alkaline paper
Record Appears in
Monographs & Serials

Browse Subjects

Show more subjects...