COMPENSATION OF DAMAGE IN CASE OF MEDICAL MALPRACTICE IN MACEDONIAN COURT PRACTICE AND IN COMPARATIVE LEGAL SYSTEMS

Abstract

In this paper, the focus will be on the compensation of damage caused by a medical
malpractice in domestic court practice, through the analysis of final court decisions rendered in
the period 2011-2021. The subject of analysis is primarily the basis of liability in the analyzed
cases, the type of damage that the court awards and the amount of damage awarded to the
injured party or members of his close family. The aim of this paper is to provide analyses for
the legal position of the injured parties and their close family members through a comparative
prism, which will be achieved by presenting the stated issues in the comparative doctrine
and practices for compensation for medical malpractice. In modern legal systems, even in
some of the most developed countries in the world, civil liability law for damage suffered
due to medical malpractice leads to legal uncertainty both for victims of medical malpractice
and health care providers. The case law research is expected to show the aspects of legal
uncertainty and the problems that arise as result of application of the Macedonian tort law in
the health sector, more precisely in compensating the damage that the patient or his relatives
suffered during the use of health services. On the other hand, comparative analysis will also
have the task to present the mechanisms that have been developed in certain legal systems to
overcome the disadvantages of tort law as mechanism of compensation for victims of medical
malpractice.