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4. The Medical Malpraxis Position in the United Kingdom
Published online by Cambridge University Press: 28 April 2021
Extract
Most medical practice in the United Kingdom is carried out within the National Health Service (NHS), which offers a comprehensive service essentially free of charge to all citizens. Courts of law cannot take the availability of free care into account in determining the level of damages to be awarded to the patient—in other words, in assessing the cost of putting right the damage sustained by the patient, it is assumed that the restorative treatment will be obtained privately. Nevertheless, the fact that the patient did not have to pay directly for the treatment in the first place is in itself a disincentive to bringing actions in negligence against a doctor or health authority. As Professor Miller has put it, “Since disposable income is not diminished by paying for medical services patients are less likely to express their unhappiness about unsatisfactory results in a manner that seeks monetary results.”
- Type
- Part III: The Health Care System
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- Copyright
- Copyright © American Society of Law, Medicine and Ethics 1986
References
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