Nekrivdna odškodninska odgovornost : primerno zdravilo za slovensko zdravstvo ali njegova stranpot?

slovenian

2023

volume 49, issue 6/7

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

In the article, the author discusses the issue of tort liability and compensation for malpractice in healthcare through the prism of potential solutions in Slovenia de lege ferenda. One of the possibilities offered is the implementation of the no-fault compensation system, which has been known for many years in Scandinavian countries and in New Zealand. In the article, the author points out its fundamental advantages and disadvantages, as well as possible alternatives to the relatively revolutionary changes that the latter brings. She presents the regulations in France and Great Britain, which took the path of gradual reforms and mainly supplemented and improved the existing system of classic system of fault liability, France partly also by adding individual elements of the no-fault compensation scheme. The author points out that in addition to the reform of compensation law, a comprehensive reform of professional responsibility in healthcare is also necessary in Slovenia, together with the modernisation of the system of quality and safety. Without the latter, even changes in the field of tort liability will not bring the desired results. She advocates for a prudent and interest-balanced reform, with full awareness of the specifics of the Slovenian legal system.

09.05.2024