Malpractice cases for public hospitals and university hospitals are within the scope of administrative law. Full jurisdiction lawsuit is opened.
Process
- Administrative application (60 days): Written request for compensation to the Ministry of Health/university
- Response period is 60 days, deemed unanswered
- Full jurisdiction lawsuit (60 days): administrative court
- Expert witness (ATK)
- Decision
- Appeal (BAM): 30 days
- Appeal (Council of State)
Liability of the Administration
- Service defect:Organizational defect of the public hospital
- Default in duty:Grave defect of the physician
Directly Against the Physician Lawsuit?
- A lawsuit cannot be filed directly against a physician working in a public hospital (rule)
- The patient first files a lawsuit against the administration
- The administration shall recourse the compensation paid to the faulty physician
Duration
- Administrative application: 1 year before learning about the damage and the perpetrator, 5 years in any case
- Court: 60 days
Supreme Court/Council of State 10th Chamber
10. The Department interprets the liability of the public hospital for "service defect" broadly, and accepts that even if there is no serious fault, liability for compensation will arise if reasonable care is not taken.
Practical Recommendations
- Do not miss the deadlines (60 days are critical)
- Provide detailed medical information in the administrative application
- Prepare for the ATK report
- A lawyer is a must (administrative law technical)
Health and administrative law lawyer recommended.