LIABILITY FOR MALPRAXIS IN EUROPEAN LAW - ECTHR CASE LAW ON THE RIGHT TO LIFE AND INTEGRITY
LIABILITY FOR MALPRAXIS IN EUROPEAN LAW - ECTHR CASE LAW ON THE RIGHT TO LIFE AND INTEGRITY

Summary/Abstract: Liability for medical malpractice under European law is primarily examined through the jurisprudence of the European Court of Human Rights (ECtHR), which has interpreted and applied the provisions of the European Convention on Human Rights in the context of medical errors. Although the Convention does not explicitly guarantee a right to health, Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), and 8 (right to private life and physical integrity) have been jurisprudentially developed to offer protection to patients against serious medical negligence. The ECtHR does not sanction mere medical error but assesses whether member states have fulfilled their positive obligations: preventing systemic risks, ensuring an adequate legal framework, and conducting effective investigations in cases of death or serious harm. Landmark cases such as Calvelli and Ciglio v. Italy, Lopes de Sousa Fernandes v. Portugal, and Şerban v. Romania illustrate the Court’s standards regarding state liability for institutional deficiencies that endanger fundamental patient rights. In conclusion, liability for malpractice in European law is integrated into the human rights protection framework, and the failure of the state to meet its substantive and procedural obligations may constitute a breach of the Convention. This approach contributes to the consolidation of a European standard for the protection of life and physical integrity in the medical context

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