Recent Dutch legislation has been introduced stating that biomedical research on humans can only be undertaken when an insurance contract covering the damage as a result of death or personal injury of the patients has been concluded. The aim of this legislation is to ease the acquiring of compensation for test subjects in case damage arises in the course of biomedical research. As such, victims are able to claim compensation directly from the insurer, irrespective of any liability. This volume presents a critical evaluation of the functioning of this legislative arrangement and the situation in various European countries is examined. Country reporters from Belgium, England, France, Germany, the Netherlands, Spain, Sweden and Switzerland describe the insurance and liability arrangements relating to biomedical research in their country. The concluding three reports of this volume examine the situation from both a comparative and international perspective.
Liability of medical practitioners as well as hospitals has become increasingly important throughout the last decades. The number of claims as well as the amounts of damages have risen. Are mere modifications of the classical liability law sufficient to meet the needs of the 21st century's society? Is the introduction of a no-fault compensation model on the basis of the existence of insurance or funds the solution to the problem? This study provides an overview of the legal situations in various European countries and (because of its dissimilarity) New Zealand. Moreover the case law of these jurisdictions is analyzed by renowned tort law experts. A comparative survey highlights the discernible tendencies. Furthermore, the economic aspects of the liability systems in the health care area are presented. The reader finds information about the different ways in which contractual liability, liability based on fault, insurance and fund models are combined.
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