In the field of damage liability for medical errors, the Gelli-Bianco reform in Italy introduced twin-track system of damage liability for medical errors. Therefore, private or public healthcare institution and doctor with private practice are contractually liable to the patient. A doctor performing healthcare services within the healthcare institution is directly liable to the patient. With the exception of emergency action, in Slovenia responsibility for medical errors is based on the contractual foundation. The two countries also differ regarding the calculation method of the amount of compensation for non-pecuniary damage. Italian legal order has a system of tables that determines the extent of the damage incurred using percentages. Based on that and use of tables as well as considering other circumstances, the amount of compensation is determined. Slovenian legal order has no tables to which a doctor would refer to when determining amount of compensation, since, as a general rule, “fair financial compensation” is assessed for non-pecuniary damage in each individual case. Despite certain differences, legal orders of both countries are based on the same fundamental values, as the person suffering damage in case of medical error would probably obtain compensation for the damage caused by the medial error in Italian as well as Slovenian legal order.
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