Beyond Blame: Is India Ready for No-Fault Liability in Healthcare?

TL;DR

The paper explores whether India's healthcare system is ready to adopt a no-fault liability model, which shifts focus from blame to equitable compensation.

Contribution

It evaluates the feasibility of no-fault liability in India by analyzing international models, legal frameworks, and stakeholder perspectives.

Findings

Adopting no-fault liability could reduce blame and promote equitable compensation in healthcare.

India's transition would require addressing legal reforms and access disparities.

Stakeholder perspectives reveal both potential benefits and logistical challenges.

Abstract

In contemporary healthcare systems, the pursuit of justice intertwines with fault attribution and liability determination. The exploration of no-fault liability as a potential alternative within India's healthcare landscape delves into its feasibility and implications. Drawing from international experiences, regulatory frameworks, and societal readiness, the complexities and potential benefits of adopting a no-fault liability system are elucidated. Perspectives from patients, healthcare providers, and broader societal stakeholders are considered, highlighting both the advantages and challenges associated with such a transition. Addressing disparities in access, legal reforms, and logistical hurdles underscores the groundwork necessary for potential adoption, signaling a potential paradigm shift toward equitable compensation and accountability within India's healthcare system.