It was introduced to allow some protection against large negligence actions, where the risks were felt to be excessive.
In terms of negligence actions, proper compensation is $10 million.
It attempted to create a negligence action for seamen.
But as yet there is no negligence action.
Finally it is usually difficult to establish a negligence action against a supplier of goods, although a contract action may often be available.
In a negligence action, the damage has to be a foreseeable risk.
The negligence action could therefore succeed where the statutory action failed.
This would have subverted the fault based negligence action.
In structure, the negligence action against a doctor is no different to any other negligence case.
As this is a negligence action, liability is based on proof of fault.