ОТГОВОРНОСТ НА ДЪРЖАВАТА ПО ЗАКОНА ЗА ОТГОВОРНОСТТА НА ДЪРЖАВАТА И ОБЩИНИТЕ ЗА ВРЕДИ ОТ АДМИНИСТРАТИВНА ДЕЙНОСТ В ЗДРАВЕОПАЗВАНЕТО
RESPONSIBILITY OF THE STATE BASED ON “RESPONSIBILITY FOR DAMAGES OF THE STATE AND MUNICIPALITIES ACT” FOR DAMAGE FROM ADMINISTRATIVE ACTIVITY IN HEALTHCARE

Summary/Abstract: Healthcare patients suffer material and non-material damage due to medical malpractice, but also due to poor or not timely medical care and the work of the bodies of medical expertise. These damages to patients need to find a mechanism for effective compensation. Neither our legislation is good enough in this regard, nor the case law we have. Nevertheless, there is a legitimate mean of effective compensation for patients - through the responsibility of the state under the “Responsibility for Damages of the State and Municipalities Act”. The responsibility based on “Responsibility for Damages of the State and Municipalities Act” is justified because the state manages the healthcare system strategically by distributing public health finances among medical establishments and by licensing them. Secondly, the responsibility of the state arises because of the assumed state guarantee for accessible and quality health care in the Constitution and the Health Act. The assumed state guarantee is generally recognized in the legal acts as the material liability of the state for damages caused. Liability for a medical malpractise can be performed under the current order, because the healthcare establishments are responsible for the operational management of the healthcare system.

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