During the pandemic (COVID-19), medical standards have changed due to lack of resources. Liability assessment also differs.
Extraordinary Discount
- The physician's fault is evaluated "differently from the ordinary period"
- Creative solutions (off-label drugs) are controversial
- Triage decisions are questionable but acceptable
Responsible Organizations
- Ministry of Health (policy)
- Hospital (organization)
- Physician (personal intervention)
Common Complaints
- Lack of beds
- Intensive care triage (according to age)
- Lack of testing
- Treatment protocol errors
- Lack of isolation
State Responsibility
- Pandemic management
- Adequate resource allocation
- Administrative court cases
- Full jurisdiction (damage compensation)
Supreme Court/Council of State Approach
The Council of State stated that extraordinary conditions should be taken into account in the evaluation of "service defect" during the pandemic period, but that state responsibility will arise in case of deprivation of basic services (e.g. oxygen deficiency, lack of medicine)
Employee Physician Rights
- Wear and tear allowance (5510 SK)
- Considered a work accident (COVID infection)
- Right to compensation (to the family in case of death)
Health law/malpractice lawyer recommended.