Evolution of Jurisdiction in Medical Malpractice Cases in Hungary

Abstract

In Hungary, in the period before the political transition, in 1989 and in the first years afterwards, a relatively small number of medical compensation lawsuits were initiated. However, the enactment of the Health Act in 1997 has gradually changed this and made the patient from the previous vulnerable position to an equal partner with the healers. As a consequence, we can observe the conscious consumer behaviour of citizens in relation to healthcare services, so recently the quality of health services is more often being questioned.In the previous judicial practice, the rate of patients winning lawsuits was completely different compared to the current situation, the majority of cases ended with the dismissal of their claims. The reason for this lies in the vulnerable position of the patient which already exists during healthcare and lawsuits as well. Neither the judicial practice nor the legal environment attempted to counterbalance this vulnerability at that time.However, this has gradually changed, and nowadays we can witness a particularly strict judicial practice, the establishment of liability for damages of healthcare institutions is frequent.The purpose of the article is to demonstrate how the judicial practice of the medical compensation cases has evolved over the past 15-20 years in Hungary, and as a result, what currently observable trends have emerged. To achieve this, it is essential to examine extensively two preconditions of civil law liability for damages, namely causation and fault, as jurisdiction has changed the most in this aspect. Many factors of uncertainty arise in connection with healthcare services due to the uniqueness of the human body. The outcome of lawsuits is significantly influenced by how the court assesses uncertainty factors and which party bears the burden of uncertainty.