REVIEW – November 2003

The liablity insurance of doctors

Authors:

Articles PDF

Abstract

The paper concentrates on one of the main aspects of liability insurance – the object of the liability insurance contract. Criminal, civil and disciplinary liability may follow an unlawful of the doctor. The object of the liability insurance contract in the general sense is civil liability, which mostly means the obligation to compensate for the damages caused by an unlawful act. Under the law, the doctor is responsible for the damages caused only if his or her acts were wrongful. If the damages were caused intentionally, the insurer of the insurance liability has no obligation to compensate for them. Compensation can be paid if damages were caused because of negligence or serious negligence. Also the character of the obligations which were not met properly is important – usually the insurers compensate for the damages caused by the undue fulfillment of the obligations stipulated by the law. Generally, the insurers do not insure the liability, related to the obligations set by the contract between the doctor and the patient, besides the law. The law does not specify what kind of damages can be compensated, however, the compliers of the law have the power to stipulate themselves if all kinds of damages can be compensated or not. In most cases, direct patrimonial damage is compensated; loss of income can be compensated if the insurer and the policyholder so. Non-patrimonial damages cannot be insured at present. The legal costs of dispute between the doctor and the patient can also be insured.