Liability in Medicine – An Overview of Macedonian legal system and practice

Ampovska, Marija (2022) Liability in Medicine – An Overview of Macedonian legal system and practice. In: Jean Monnet Project - Academic debate with the academic world Conference Programme “EU eHealth Law and Public Health”, 26-30 Sept 2022, Ohrid. (Unpublished)

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Abstract

The Macedonian legal system doesn’t comprise special rules on the liability of medical institutions and medical staff for damage caused while providing health services. This results in application of the general rules of civil liability, which can be found in the Macedonian Law on Obligations, to the professional liability of healthcare workers and medical institutions, with the absence of any special rules departing from the traditional tort law. The application of the regime on fault liability is predominant in comparative law, but in the present the mass usage of medical devises and the introduction of high technology into medicine in general have resulted in the tendency to increase the application of strict liability in practice. Here we discuss the results from the analysis of the legal provisions and our research regarding the court practice of medical liability in North Macedonia and the focus will be given to the basic institutes applied in cases of medical liability in practice and in theory. For that matter the research shows that the court practice in North Macedonia is familiar only with the fault liability regime. Apart from the basis of liability, other essential questions regarding liability in medicine that will be discussed are the standard of care, the causation, the legal position of the patient as plaintiff himself and the range of eligible persons, close to the patient in the role of a plaintiffs (the relatives as damaged persons), the types of damage that can be compensated by theory and in practice, and the criteria for assessment of the loss and the amount of the compensation for the damage. The question on compensation of damage will include discussion both on pecuniary and non-pecuniary damage, with focus on the non-pecuniary damage and its regulation vs. the application of the legal provisions in the court practice. Attention will be given to discussion on the disparity of the amounts ruled by the courts as compensation for non-pecuniary damage in the analyzed cases and the disparity that exists between the legal regulation of non-pecuniary damage in the Novelle of the domestic Law on Obligations and the analyzed court practice.

Item Type:	Conference or Workshop Item (Lecture)
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Marija Radevska
Date Deposited:	23 Dec 2022 13:12
Last Modified:	23 Dec 2022 13:12
URI:	https://eprints.ugd.edu.mk/id/eprint/30544

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