Whether a faulty medical intervention gives rise to liability in damages turns on whether the relationship between the parties rests on contract or on tort. In this briefing note we examine the distinction between malpractice and complication, the types of liability, the limitation periods and the court with subject-matter jurisdiction.
Because aesthetic procedures are treated in law as a contract for work, the surgeon’s liability is founded on an undertaking as to the result. In this briefing note we examine the legal basis of that liability, the rules of proof, the limitation periods and the actions that may be brought.
Where a faulty intervention occurs in a private hospital, liability attaches not only to the physician but frequently to the institution as well. We examine the distinction between contractual liability, tort, agency without authority and the strict liability of a person who employs another, together with the avenues of action and the applicable time limits.
Where a faulty intervention occurs in a state hospital, the party answerable is not the physician but the administration. We examine the principles of service fault and strict liability, the mandatory administrative application, the applicable time limits and the conduct of the full remedy action from a practical perspective.
Where medical malpractice occurs in hospitals attached to state or foundation universities, liability is directed at the administration rather than the physician. We examine the procedure of the full remedy action, the mandatory administrative application, the time limits and the heads of damages that may be claimed.
Because the relationship between patient and hospital is not specifically governed by statute, the question of against whom liability lies turns on how the contract is characterised. We examine the complete, divided and outpatient treatment contracts, the parties’ obligations and the public–private distinction.
A faulty medical application does not give rise only to a risk of damages; where death or injury by negligence is in issue, the physician also faces criminal proceedings. In this note we examine the criminal law dimension of malpractice, its distinction from complication, and the investigation and prosecution stages.
Patient rights guarantee that a person receiving health services is treated in a manner consistent with human dignity and has a say in the process. In this note we examine the rights conferred by the Patient Rights Regulation and the application mechanisms to be set in motion in the event of an infringement.
