A CRITICAL ASSESSMENT OF THE TORT COMPENSATION SYSTEM REGARDING NEGLIGENT HEALTH CARE TREATMENT IN ENGLAND AND WALES

Abstract

Medical practice today is not devoid of negligent malpractices. Upon its occurrence, the affected patient reserves the right to sue in negligence for professional misconduct/negligence. Negligence here means failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. In England and Wales today, the tort compensation system model is adopted in relation to negligent health care treatment. However, the standard of care required in the doctor-patient relationship is not without concerns. Hence, the research aimed at assessing critically, the tort compensation system regarding negligent health care treatment in England and Wales. In gathering and analyzing data, the writer used doctrinal method of data collection relying on local statutes, cases laws, textbooks, journal articles, international treaties, conventions and covenants. The writer found that a more vigorous implementation of the existing laws will better optimise the gains of the current tort compensation system.