Medical Liability in Europe at the Dawn of Cross-border Healthcare: Time to Reflect on the Possibility of Harmonising the Policies Regarding Medical Liability?

Abstract:

Due to the incorporation of Directive 2011/24/EU into national legislations European citizens will seek cross-border healthcare services. However, medical errors are an inherent part of medical practice.

Major differences in European redress systems might create an environment of legal uncertainty and reduce the confidence of patients in seeking cross-border healthcare. After assessing European citizens’ perception regarding errors, we will try to examine if the aforementioned uncertainty is clarified by the EU legislation. Given that formal harmonization measures have not been legislated, the total convergence of redress systems is currently infeasible. Nevertheless, Member States could achieve a natural convergence through the reform of their national rules and the gradual adoption of common principles.

The article will try to propose these principles and emphasize the key objectives reform in this area should aim at, in order to be effective in both enhancing legal certainty and balancing conflicting goals.