THE LEGAL NATURE OF COMPENSATION FROM THE MEDICAL TREATMENT RISK FUND

Abstract

Nowadays the number of submitted applications with an aim of getting compensations from the Medical Treatment Risk Fund continues to increase. The foreign practice is indicative of existing detailed guidelines, ensuring preconditions for determination of causal relationship between a mistake made by a physician and the suffered health damage. Furthermore, the things that are considered as the negligence of a medical person and the duty to prove the damage are clearly defined. In its turn, the Latvian laws and regulations provide a superficial regulation of mechanism for compensation granting; however, the current court practice demonstrates reference to lack of knowledge in the medical field, thus leaving decision making for the Health Inspectorate. The Article analyses foreign examples and the relevant case law for decision making concerning issues of compensation granting from the budget of the Medical Treatment Risk Fund.