This is a summary of chapter 29 - Redressing the compensation culture. It was written by Mr Tim Kevan, a Barrister at 1 Temple Gardens with expertise in personal injury (including clinical negligence), sports, consumer and general common law. He is the author of nine legal textbooks and edits three legal newsletters.
He Suggests that a culture of risk aversion and fear of litigation has gone too far. In order to re-set the balance, he suggests the following:
1) The law of liability for clinical negligence to be reviewed and that certain medical specialties should be immune from litigation.
2) Alternative forms of non-fault compensation to possibly apply.
3) Medical practitioners should generally be immune from discipline subject to certain basic exceptions on condition that they provide full and frank disclosure of their mistakes which would not be able to be used in litigation.
4) Suggestions for spending on legal costs to be reduced.
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