| Abstract [eng] |
Patterns and Reform Implementation of Damage Compensation for Patients in Lithuania. The Master‘s thesis analyses the patterns of damage compensation for patients: the civil liability model applied until 1 January 2020 and the social security (no-fault) model used from 1 January 2020. The conditions of civil liability (unlawful act, guilt, damage, causal link between unlawful act and damage), challenges of their indication and proof, except for guilt, which is presumed, are examined in the context of damage compensation for patients. The advantages and disadvantages of civil liability model are assesed. A more detailed description of non-pecuniary damage is presented, the issues of fact and size of which are particularly relevant for the examination of cases of compensation to patients, when institutions are applying the model. The aspects of the application of the civil liability model are analysed: civil liability insurance for healthcare institutions, examination of claims for damages, determination and compensation of damages. The professional civil liability of health care institutions, the provisions of which are relevant for the assessment of the illegality and culpability of the actions of health care institutions and health professionals, is briefly discussed. When reviewing social security model, the author starts with analysing of the concepts of the social security model and no-fault model and the purposeful use of these concepts. The reasons and justification of the reform, which replaced the civil liability model with the social insurance model, are analysed. The application of the social security model is discussed: collection and accumulation of funds to compensate for damages, examination of claims for damages, determination and compensation of damages. At the end of the Master‘s thesis, the potential impact of the introduction of the social security model on interested parties, when the model is fully applied, is evaluated. |
