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

Cureus. 2024 Apr 12;16(4):e58111. doi: 10.7759/cureus.58111. eCollection 2024 Apr.

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.

Keywords: fault attribution; healthcare; justice; liability; no-fault.

Publication types

  • Editorial