Cross-border Healthcare in the EU: And What if Something Goes Wrong?

Abstract:

In March 2011, a new Directive was adopted by the European Parliament and the Council of the European Union: Directive 2011/24, on the application of patients’ rights in cross-border healthcare, the primary purpose of which has been to facilitate access to healthcare across national borders.

Healthcare safety and the availability of legal remedies in cases of harm are important parameters of quality healthcare and important patients’ rights in modern healthcare systems, and they are therefore important issues in a context of cross-border patient mobility.

The aim of this article is to shed some light on the provisions of the Healthcare Directive in relation to the issue of legal remedies in cases of harm. It is argued that the current legal state should be considered unsatisfactory, problematic and in need of more clarity and even harmonisation.