OBJECTIVE LIABILITY FOR DAMAGES IN MEDICINE AND PREVENTION OF VIOLATION OF HEALTHCARE RULES (MEDICAL ERRORS)
OBJECTIVE LIABILITY FOR DAMAGES IN MEDICINE AND PREVENTION OF VIOLATION OF HEALTHCARE RULES (MEDICAL ERRORS)

Summary/Abstract: In legal theory and jurisprudence in the Republic of Croatia, the prevailing view is that compensation for damage in healthcare should be judged according to the principle of quilt. In relation to damage caused by dangerous goods or hazardous activities in medicine, the most prominent tendency is the application of objective liability for damage. In this respect, the decision of the Constitutional Court of the Republic of Croatia is of particular importance, as the basis for changing the practice of regular courts when it comes to liability for damage caused to a patient due to dangerous goods or hazardous activity. The model which is applied around the world, primarily in the Scandinavian countries, New Zealand and the United States, is the principle of compensating the damage sustained by the patient, the so-called “no fault-no guilt”model or “no fault compensation scheme” (compensatory pattern without guilt). This model entails administrative and not civil procedure. In all no-fault systems, medical errors need to be registered in order to avoid similar situations in the future. These models provide for high transparency of the healthcare system and they aim to provide quick and just financial compensation without long-standing court proceedings and high costs.

• Details
• Contents