Particularities of Application of Contractual and Delictual Liability of Health Care Practitioners in Lithuania and Italy
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Abstract
The article primarily deals with civil liability of health care practitioners. Liability arises fr om professional activities of health care practitioners who cause damage to a life or psychophysical integrity of a person. Therefore the victim can claim compensation for any injury incurred either from the responsible health care institution or directly from health care practitioner. The aim of the article is to take a comparative approach in order to identify and analyse theoretical and practical peculiarities arising from the application of two types of civil liability: contractual and delictual in the field of health care. Italian and Lithuanian legal orders are compared. The main reason to compare them is that Lithuanian Civil Code is among the modern ones in the world (2000) which includes few specific, including liability, provisions regarding health care services, wh ereas Italian Civil Code (1942) represents a traditional version of civil codes and therefore the evolution of the doctrine on civil liability in the field of health care grosso modo is influenced by creative activities of courts.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
