Contractual and tortious liability of medical specialists and healthcare establishments for damages inflicted on patients

Abstract

The issue of medical specialists’ and healthcare establishments’ civil liability for damages is extremely important because it is directly connected with the patients’ safety and the protection of the right to life and access to the highest possible quality of health services guaranteed by various national and international sources of law. The question of making a distinction between contractual liability and tortious liability in the provision of medical care is the subject of numerous comparative law studies in both Europe and the USA, while in Bulgaria it has almost remained neglected. This question is of great importance in the legal doctrine and jurisprudence. The article analyzes the nature of the medical care contract, the matters related to the competition between contractual liability and tortious liability, and proposes criteria for their distinguishment.