Medical Negligence

Medical Negligence

Personal injury or wrongful death as a result of medical negligence is an issue which goes back to ancient history. In 1901 a French archaeologist found evidence of legislation on medical negligence which showed that already around 1700 before Christ such legislation was in effect in ancient Persia. Alexander the Great is said to have executed a physician who neglected to take care of his friend but went to the theatre in stead.

The PEOPIL Medical Negligence Group aims to look at the European issues of today. Its objectives include putting together a framework for the exchange of information on issues of medical negligence and watching, and perhaps influencing, the European legislative process in this respect.

Apart from the basic differences between the jurisdictions in various European countries, main and general issues regarding medical negligence are being shared. Among these issues are:

  • The legal framework of the patient-doctor relationship
  • Duty to inform
  • Standard of care
  • Burden of proof
  • Limitation period
  • Access to medical records
  • Funding
  • Finding medical experts

It is important that cross-border exchange of relevant information is being encouraged and the medical negligence group aims to be a platform for such exchange. The group also plans to organize seminars on the subject to enable its members to exchange information and views in the presence of legal and medical experts who will be asked to give lectures for the group and other interested parties.