Adrienn Őri
60710177400
Publications - 1
Comparative Analysis of Healthcare Compensation Lawsuits Related to Breaches of the Duty to Inform: The Evolution of Non-Pecuniary Damages in Hungary (2008–2010 vs. 2018–2020) in a European Context
Publication Name: Laws
Publication Date: 2026-06-01
Volume: 15
Issue: 3
Page Range: Unknown
Description:
The study examines judicial practice regarding claims for damages and non-pecuniary damages (hereinafter: NPDs) arising from violations of the duty to inform in healthcare by comparing two periods (2008–2010 and 2018–2020) in the context of patient self-determination and European trends in patient rights. The 193 final judgments selected from the Wolters Kluwer Law Database based on keyword searches underwent qualitative content analysis and quantitative processing using SPSS (Statistical Package for the Social Sciences, SPSS version 25.0). A selection criterion was that the judgment should assess on its merits whether the duty to inform had been fulfilled or violated. The real value of the adjudged compensation was compared and normalized in relation to the minimum wage (multiplied by the minimum wage) in order to reveal the actual socio-economic weight of the compensation. The results show that while in 2008–2010, the lack of information was mostly considered an additional element of professional negligence, by 2018–2020, it was recognized as a separate violation of personality rights that infringed on the right to self-determination, and the rate of complete rejection of claims for NPDs decreased. However, the increase in nominal amounts was accompanied only to a limited extent by an increase in the real value of compensation. The findings suggest that Hungarian judicial practice is moving closer to the autonomy-centred European approach, while strengthening the reparative function of NPDs—ensuring compensation that is perceptible in real terms—remains an open task.
Open Access: Yes
DOI: 10.3390/laws15030050