The dissertation focuses on the issue of liability for damages arising from medical treatment, analyzing various legal frameworks in Slovenia and abroad. The main objective of the research is to present the historical development and current state of comparative legal systems, with the purpose to determine whether the introduction of a no-fault compensation scheme would be an appropriate solution to the issues in the field of civil medical law.
The research examines traditional compensation systems in countries such as the United Kingdom, Germany, Australia, and the United States, with an emphasis on substantive and procedural aspects, systemic changes, and proposals for solutions in the direction of no-fault compensation schemes. Special attention is given to the French and Belgian systems, where elements of both traditional and no-fault compensation systems are combined. The central part of the dissertation studies the systems that already introduced no fault compensation schemes, such as Scandinavian countries and New Zealand.
In the context of Slovenia, the research focuses on current legislation, addresses the identified issues in practice, and compares the advantages and disadvantages of introducing a no-fault compensation scheme. While the introduction of such a scheme could potentially increase the efficiency of the compensation system and improve the position of injured patients, this solution represents only one option, which, according to the author, does not outweigh the gradualist approach to changes that the author advocates.
The work provides concrete proposals for legislative changes or amendments that could positively contribute to the improvement of the compensation system in the field of medical liability in Slovenia, while noting that further economic analyses, which are not examined in the dissertation, would be necessary.
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