Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives
Dobrochna Bach-Golecka
May 2021 · Ius Comparatum - Global Studies in Comparative Law Book 53 · Springer Nature
Ebook
459
Pages
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About this ebook
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective.
It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
About the author
Dobrochna Bach-Golecka is an Associate Professor at the Faculty of Law University of Warsaw, where she works as a Vice Dean for Legal Research and International Cooperation. She was appointed judge ad hoc at the European Court of Human Rights in Strasbourg (2016-2018) and is a member of European Association of Health Law (Advisory Board), International Law Association, Research Network on European Administrative Law (ReNEUAL). Her publications focus on healthcare law, human rights, European and administrative law, ethics.
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