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This research analyzes how various legal systems approach compensation for medical errors in cross-border situations.

April 26, 2026Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh spravOpen Access

Compensation for damage caused by medical error in private international law: Comparative legal analysis

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This research analyzes how various legal systems approach compensation for medical errors in cross-border situations.
Conducted systematic comparative legal analysis using formal legal and conflict-of-laws methods.
Employed case study and typological methods to evaluate regulatory frameworks and judicial practices.
Examined models from Germany, Czech Republic, France, and Italy regarding medical liability.
All examined legal systems maintain the fault principle as essential for civil liability in medical harm.
The German model offers the highest legal certainty through a codified treatment contract and clear presumptions.
The analysis suggests a generalized model for proof in medical disputes involving foreign elements, integrating various components.

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Implication

Comparative legal analysis reveals diverse approaches to medical error compensation across jurisdictions, indicating significant implications for legal practice.

Cite This Study

Larsari et al. (2026) studied this question.

synapsesocial.com/papers/69edad094a46254e215b4bcb https://doi.org/10.63341/naia-chasopis/1.2026.86

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Implication

Comparative legal analysis reveals diverse approaches to medical error compensation across jurisdictions, indicating significant implications for legal practice.

Compensation for damage caused by medical error in private international law: Comparative legal analysis

Key Points

Discussion

Implication

Cite This Study

Compensation for damage caused by medical error in private international law: Comparative legal analysis

Key Points

Discussion

Implication

Cite This Study

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