Alternative possibilities of legal protection and enforcing claims in the area of healthcare services in Hungary

Abstract

The aim of our paper is the problem-orientated examination of the alternative procedures of handling conflicts, in Hungary, in cases of harms in connection with healthcare services. We shall see that those alternative procedures differ from the traditional legal procedures of enforcing a claim.

First, we will examine the reason for dealing with the alternative possibilities of legal protection and enforcing a claim (1). Secondly, we will discuss the alternative possibilities of handling conflicts (2): the role of the representative of rights of patients, the complaints towards the healthcare institution and the conservator, the complaint to the healthcare administrative agency and the role of Office of the Commissioner for Fundamental Rights

Last but not least, we will examine the alternative compensation ways (3): the process of the mediator and the process of the conciliator body.

Are the alternative possibilities of legal protection useful? Do they represent practical ways to solve the conflicts with healthcare services? These are some of the questions that we try to answer.