ABSTRACT
This chapter addresses the following questions: What is the origin of and basis for the existing tort system in healthcare? What is wrong with the existing system? The questions also include: Why people are in crisis? What are the elements of an appropriate response to accidents in healthcare? and What do examples of alternative systems look like? A fundamental requirement for obtaining compensation from the tort system is the finding of wrong doing or fault (which meets the legal definition of negligence). It follows that tort law is inherently linked to the apportioning of blame. Blaming individuals is a common response to accidental harm in all sectors of society and its pervasiveness impedes the management of iatrogenic harm. The elements of an appropriate response to iatrogenic harm include retribution (or punishment), accountability and compensation for any expenses or losses that result from the accident.
