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Title:Cross-border provisional and protective measures for preserving of physician's funds subject to a liability claim in the EU
Authors:ID Kupec, Urška (Author)
Files:URL https://journals.um.si/index.php/medicine/article/view/1888
 
.pdf kzahrastnik,+8_kupec.pdf (547,31 KB)
MD5: B2B57C952F5E5A0915855CA7E5C5AF53
 
Language:English
Work type:Unknown
Organization:PF - Faculty of Law
Abstract:Patients frequently opt for medical treatment outside the public health system. This means that the patient enters into a contract with an individual physician, which commits the physician to perform a medical procedure for the patient, and the patient undertakes to pay for this procedure. If the physician does not act with due diligence or does not achieve an outcome that they have explicitly committed to reach, a situation may arise where the patient has a monetary claim against the physician. If the physician does not repay the claim voluntarily, the patient has certain options available to ensure that their claim is forcibly repaid. In this paper, we deal with the position of the +patient as a creditor who does not yet have an enforceable title in relation to the physician and the debtor, and with a patient who already has such an enforceable title. The field of study is limited to the situation when Slovenian law applies for decision on the responsibility of a physician and patient wants to claim the funds that the physician has in bank accounts in the European Union.
Keywords:medicine law, liability claim, patient's rights, European Union
Publication date:01.04.2022
Year of publishing:2022
Number of pages:str. 147-168
Numbering:Vol. 15, no. 1
PID:20.500.12556/DKUM-91040 New window
UDC:341:61(4)
ISSN on article:2463-7955
COBISS.SI-ID:161136899 New window
DOI:10.18690/mls.15.1.147-168.2022 New window
Publication date in DKUM:04.09.2025
Views:129
Downloads:10
Metadata:XML DC-XML DC-RDF
Categories:Misc.
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Record is a part of a journal

Title:Medicine, law & society
Publisher:Pravna fakulteta, Pravna fakulteta, University of Maribor Press
ISSN:2463-7955
COBISS.SI-ID:281851136 New window

Secondary language

Language:Slovenian
Keywords:medicina in pravo, mednarodno pravo, zdravljenje v tujini, pacientove pravice, odškodninsko pravo, odškodnine, pravo EU, Slovenija


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