Economic implications of medical liability claims:: Insurance and compensation schemes in Europe

By Brigitte E.S. Jansen and Jürgen W. Simon

The issue of Medical Liability in Europe has been intensively discussed since a long time, and it needs revision to come to a harmonisation. In June 2008, the Council of Europe’s Public and Private Law Unit (DG-HL Directorate General of Human Rights and Legal Affairs), in co-operation with the Health and Bioethics Divisions (DGIII - Social Cohesion), has organised a 2-day interdisciplinary Conference on “The ever-growing challenge of medical liability: national and European responses”. As stated, the aim of the Conference was to gather information, share experiences and examine ways of improving standards of dealing with medical liability in the member states. It is very important to show good practices in the field which simultaneously secure the individual’s access to the judiciary while ensuring just compensation for any medical malpractice were examined.

• Language: English
• Publisher: BookRix
• Release date: Oct 27, 2017
• ISBN: 9783743835863

Book preview

Preface

The issue of Medical Liability in Europe has been intensively discussed since a long time, and it needs revision to come to a harmonisation. In June 2008, the Council of Europe’s Public and Private Law Unit (DG-HL Directorate General of Human Rights and Legal Affairs), in co-operation with the Health and Bioethics Divisions (DGIII - Social Cohesion), has organised a 2-day interdisciplinary Conference on The ever-growing challenge of medical liability: national and European responses. As stated, the aim of the Conference was to gather information, share experiences and examine ways of improving standards of dealing with medical liability in the member states. It is very important to show good practices in the field which simultaneously secure the individual’s access to the judiciary while ensuring just compensation for any medical malpractice were examined.

The practical organisation laid in the hands of Oscar ALARCÓN, Programme Manager- Public and Private Law Unit, Directorate General of Human Rights and Legal Affairs, who had done a great job and a perfect organisation. We also thank Mr. Edwin Kirby as the General Rapporteur, who was responsible for the final conclusions and recommendations.

The authors of this bilingual contribution thank the Council of Europe for the permission to publish our contribution in a special volume[1]. We also thank the organiser who had brought together all relevant actors working in the field of medical malpractice such as representatives of international organisations, legal and medical professions, academic experts etc. along with representatives of civil society involved in the patient’s rights. Therefore, we all had benefit from this important meeting.

St. Jean les Saverne, May 2010

Brigitte E.S. Jansen / Jürgen W. Simon

Introduction

Introduction

The question how the responsibility of the private and public sector for financing medical liability claims is organized is very sensitive and a question of the perception and influence of the involved stakeholders.

 In the perception of many providers of health care services and their insurers there is the opinion that medical malpractice grows, or with other words: it becomes more and more infeasible in Europe[2]. One of the reasons is the provided information in the mass media and the other the concerns of the health care providers about the reduction of the costs in the system itself, for instance in Germany.

Under this impression the question of compensation of medical malpractice is extremely important for patient’s confidence in the health care system. It is also important for the sustainability and smooth functioning of the healthcare system.

In the 47 member states of the Council we find different tools in use for identifying these tasks and also for risk observation. But the question is if these tools are able to limit the costs especially of liability claims because we all know tendency that for example the price of insurance coverage for medical malpractice has been raising dramatically in many European countries. This tendency seems to be most apparent in Germany but also in other countries. The question is why? It seems that this explosion is strongly linked to the high standards of care, esp. and to the growing number of high-risk specialists like obstetricians, gynaecologists, surgeons, orthopaedists