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Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings

Comparative Law Perspectives

  • Offers a new approach to patients’ rights

  • Presents an interdisciplinary perspective on mediation

  • Provides a contemporary view of healthcare compensation schemes

Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 53)

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Table of contents (18 chapters)

  1. Front Matter

    Pages i-vi
  2. Innovating Compensation for Medical Liability in the Netherlands

    • Berber Laarman, Arno Akkermans
    Pages 269-292
  3. Medical Injury in New Zealand

    • Stephen Todd
    Pages 293-335

About this book

The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective.

It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.



Editors and Affiliations

  • Faculty of Law and Administration, University of Warsaw, Warsaw, Poland

    Dobrochna Bach-Golecka

About the editor

Dobrochna Bach-Golecka is an Associate Professor at the Faculty of Law University of Warsaw, where she works as a Vice Dean for Legal Research and International Cooperation. She was appointed judge ad hoc at the European Court of Human Rights in Strasbourg (2016-2018) and is a member of European Association of Health Law (Advisory Board), International Law Association, Research Network on European Administrative Law (ReNEUAL). Her publications focus on healthcare law, human rights, European and administrative law, ethics. 

Bibliographic Information

Buy it now

Buying options

eBook USD 129.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 169.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 169.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access