Razmerje med zdravnikom in pacientom v okviru nekrivdnega odškodninskega sistema
Relationship Between a Doctor and Patient in the Context of No-fault Liability

Author(s): Suzana Kraljić, Katja Drnovšek, Velibor Korać
Subject(s): Law, Constitution, Jurisprudence, Health and medicine and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Compensation systems; Damages; Compensation; Patients; Healthcare;
Summary/Abstract: The basis of a doctor's liability in Slovenia and, as a rule, in the other countries e.g. Montenegro, Croatia) is based on contract liability for damages. In the current legal framework, specific weaknesses of the existing system have been identified (e.g. long (court) proceedings, significant costs burdening the clients, insurance companies or the whole health system, and dissatisfaction of patients as a victims and doctors). In particular, the letter has an impact on the doctor-patient relationship, which has severely damaged the mutual trust in this relationship. Some countries (e.g. New Zealand, Denmark, Sweden, Finland, Norway) have already developed compensation systems that move away from the classical tort system in healthcare. The paper analyses legal issues that arise in the context of the existing liability system and the potential benefits that a no-fault liability system could bring to the doctor-patient relationship.

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