Patients ’ Rights, Medical Error and Harmonisation of Compensation Mechanisms in Europe (Advance Article)

Source:Page Count 23In 1999 the Institute of Medicine reported that most medical injuries relate to unavoidable human error in a context of system failure. Patient safety improves when healthcare providers facilitate blame-free reporting and organisational learning. This is at odds with fault-based civil liability law, which discourages a more open (doctor-patient) communication on medical injuries. The absence of a clear-cut definition of ‘medical error’ complicates litigation and hence swift, appropriate patient compensation. No-fault systems perform better in this respect. A dual track liability system for medical malpractice is challenging to implement and operate, yet may be the only option for Pan-European harmonisation of m edical liability.

Source: European Journal of Health Law - July 6, 2017 Category: Medical Law Authors: Kenneth Watson and Rob Kottenhagen Source Type: research