What standard will be used to determine whether injured patients receive compensation? How does the avoidability standard differ from negligence?
The current medical justice system uses negligence as the standard in determining a provider’s liability. From a patient’s perspective, negligence is difficult to prove. From a provider’s perspective, today’s standard focuses blame on individual providers when most medical injuries result not from an individual’s malfeasance, but rather from a breakdown in systems of care. In addition, the stigma attached to being found negligent discourages providers from sharing information about mistakes, which experts say is essential to improving patient safety and the quality of care. Under the health court system, injured patients will be compensated using a liberalized standard known as “avoidability.” Under this standard, injuries will be compensated if they were caused by treatment (or the lack of treatment) and could have been avoided had best practices been followed. Avoidability represents a more expansive standard of liability than negligence, and could help to expand access to compensati
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