No-Fault Versus Strict Liability Compensation Systems in Medical Malpractice Law in Vietnam in Comparision with Belgium, France, and England

Nguyen Thi Bao Anh ()
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Nguyen Thi Bao Anh: Can Tho College, Law, Can Tho, Vietnam

Asian Journal of Law and Economics, 2019, vol. 10, issue 1, 15

Abstract: Medical malpractice is a form of professional negligence and such a negligence forms part of the law of tort. As an alternative to the tort or fault-based system in medical malpractice, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system. This is through the provision of fair, speedy and adequate compensation for medically injured victims. A no-fault compensation system allows patients to be compensated without proof of provider’s fault or negligence. Similar to no-fault schemes, the strict liability system is not fault-based although it belongs to tort law. Successful claims are paid in a uniform manner using a fixed benefits schedule and include compensation for both economic and non-economic (pain and suffering losses) without the necessity of proving negligence through a tort claim. This study focuses on the comparison of no-fault compensation systems versus strict liability systems between Vietnam to Belgium, France, and England. The distinctions in Belgium, France, and England can be the lessons for the development of a no-fault compensation system as well as strict liability system in Vietnam.

Keywords: medical malpractice; no-fault compensation fund; no-fault compensation system; strict liability; tort system (search for similar items in EconPapers)
Date: 2019
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DOI: 10.1515/ajle-2018-0004

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