The role of tort law in the medical context

Current proposals in the United Kingdom and Canada recommend the implementation of no-fault compensation schemes for victims of medical accidents. This thesis argues that although such schemes provide an efficient method of distributing general compensation, there is nevertheless a continuing role for the tort liability mechanism. Due to the fact that tort liability is founded on an ethic of individual responsibility, the potential for public accountability of particular medical professionals will be maintained by preserving the common law action in negligence. There is also an important role for tort law doctrine in reflecting a move away from the traditional paternalistic structure of the doctor-patient relationship towards a desirable shared decision-making model. The fact that compensation schemes are not amenable to these goals indicates the necessity of maintaining a dual system, in order to accommodate the plurality of objectives that should be achieved in this context.