PhD Scientific Days 2023

Budapest, 22-23 June 2023

Health Sciences I.

Analysis of Medical Malpractice Litigation Cases Resulting from Failure to Provide Information

Author First1: dr. Adrienn Őri, Author Second2: dr. Eszter Zsófia Sallai, Author Third3: Tímea Róka
Semmelweis University, Budapest

Text of the abstract

The current Act CLIV of 1997 on Health contains detailed provisions on the scope of patient information and their exact content and method, with particular emphasis on the exercise of the right to self-determination before invasive interventions. The patient has the right to receive understandable information, taking into account patient’s age, education, knowledge, state of mind, and expressed wishes of patient in this regard. The obligation to provide information, is one of the most important ancillary obligations of the management contract, plays an extremely important role in determining liability for damages. A significant part of the compensation lawsuits is based on the lack of complete and adequate information, as well as the lack of accurate and precise medical documentation.
The most important objective of this presentation is to present the results of the processing of court decisions (BH) made in recent years - along a defined system of criteria.
Analysing court decisions (between 2018-2020) which were judgments made in the context of health compensation lawsuits.
According to the current available data, almost half of the compensation lawsuits are based on inadequate information. In relation to the BH analyses so far, it can be found that the healthcare providers most involved in litigation are active in the field of inpatient care. First-degree procedures can take up to 3-4 years. In addition to the violation of the right to information, the violations committed by providers mainly relate to accurate health care, self-determination and the management of health documents.
Almost 25 years have passed and the health care provider has still not fulfilled the legal obligation according to the current legislation. CLIV of 1997 on health. the basic thesis of the law is that the right to information and self-determination is a fundamental human right. Following from the abovementioned, the main objective of our gap-filling scientific research is to demonstrate that the number of complaints and claims for compensation against healthcare providers resulting from violations of the right to information has not changed in recent years, despite the fact that the content of the relevant legislation has not changed either.