NAKNADA IZ OSIGURANJA KAO JEDAN OD OBLIKA ZAŠTITE PRAVA PACIJENATA

Čolović, Vladimir (2011) NAKNADA IZ OSIGURANJA KAO JEDAN OD OBLIKA ZAŠTITE PRAVA PACIJENATA. In: Osiguranje, naknada štete, i novi građanski sudski postupci. Intermex, Beograd, pp. 291-309.

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Abstract

There are other instruments of protection of patients, such as, for example, complaint for damages. However, insurance provides a safety to the patients and, also, to the doctors and other health workers. This paper analyses the compensation from insurance, i.e., the forms of the compensation in the topic of the protection of patients. We can, also, ask whether the general rules on compensation for damage to persons may apply for insurance as a form of the protection of patients. The author presents two types of insurance. One is medical liability insurance and the other is self-insurance of patients. In our country, the doctors can make a contract of medical liability insurance, but on a voluntary basis. On the other side, self-insurance of patients is not known in Serbia. Otherwise, there are two, quite different, types of insurance, and, therefore, is about two ways of compensation from insurance. The author presents the essential elements of medical liability insurance, and, in particular, pay attention to the general conditions of insurance of some insurance companies, as well as the exclusions from insurance in this area. On the other hand, the author presents, in the self-insurance patients, the Scandinavian model of this type of insurance, as well as experience with this insurance in some countries, like France and New Zealand. Finally, the author criticizes the current situation in Serbia in this area, noting that medical liability insurance should be regulated as compulsory insurance. Also the author states that self –insurance of patient’s must be regulated and that health insurance should be included in the allocation of special funds for the premium for this insurance. At the end, author proposes amendments to legislation governing health care.

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