No-fault compensation systems in healthcare
Coordinator
583 - University of Ljubljana, Faculty of Law
Manager
prof. dr. Viktorija Žnidaršič Skubic
Period
1. 3. 2019 - 30. 6. 2019
Key Information
Type of project: Project work with the non-economic and non-profit sector - Student innovative projects for social benefit 2016-2020 for the 2018/19 academic year (ŠIPK)
Project title: No-fault compensation systems in healthcare
Project team:
- Students: Maša Vraničar, Kaja Vraničar, Martin Esih, Nika Logar, Eva Milošič, Blaž Murko, and Erika Debevec
- Educational mentor: Prof. Dr. Viktorija Žnidaršič Skubic
- Expert collaborator: Assoc. Prof. Dr. Matija Damjan
Financers:
Project Description
The purpose of the project is to shed light on the area of liability for damages in healthcare, primarily the liability of doctors and healthcare workers in relation to patients. Comparative law is mainly dominated by so-called classic systems of liability for damages, such as the Slovenian system, in which doctors or healthcare professionals are liable for damages either for breach of contractual obligations to patients or for tort liability. The patient, as the injured party, asserts their right to compensation by filing a lawsuit, and their claim is usually handled through lengthy and expensive legal proceedings. Individual countries have introduced changes and amendments to the legal framework governing compensation to generally improve the situation of injured parties, or specifically for cases involving patients as injured parties. Some countries, however, have opted for radical change and adopted a no-fault liability system. This is a system intended to establish a compensation regime that compensates the injured patient even when it may not be possible to develop all elements of the healthcare professional's liability for damages, but where the injured party has suffered significant health damage.
The project aimed to analyze both types of systems, examine their advantages and disadvantages at the declaratory and implementation levels, and conclude on the most optimal legal regulation of liability for damages in healthcare. The final result of the project is a study that provides a comprehensive overview of the current legal regulation of the liability of doctors and healthcare professionals in national and comparative law.