Pacientų sveikatai padarytos žalos atlyginimo be kaltės modelis

LTReikšminiai žodžiai: Pacientų patirta žala; Damage caused to patients.

ENThis article highlights that medical malpractice litigation has been the focal point of the debate of the health care providers, scholars, policy makers. The article emphasises that in Lithuania there are some initiatives to implement no-fault system, arguing that no-fault system is more effective for compensating the caused damages to the patients; systemic errors in the system can be identified and later – prevented. Thus, this article raises the question whether the no-fault system has to become a new mechanism in order to compensate the damage caused by medical injury. In order to answer this question the basic aspects of application of this system are analysed. The article analyses the no-fault system and its application, the experience of particular foreign countries that have implemented this system. Moreover, the draft of legal regulation, implementing no-fault system in Lithuania, is evaluated. In adition, this article gives critical views on no-fault system and claims that it is not a panacea able to solve all the problems for the compensation of the damages to the patients, ensuring the safety of patients whereas it also has negative aspects. The article suggests that whether the policy maker of Lithuania decides to implement no-fault system, the proposed regulation has to be improved. [From the publication]