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With the introduction of mandatory health insurance in the region, and the increase in focus on regulations and reforms by the local health authorities, claims made against medical practitioners is becoming more visible within the community.
Under the law, the doctor/patient relationship is regarded as a contract whereby the doctor accepts to treat the patient. It is apparent from the various judgments and claims based on medical malpractice that the courts rely on the Civil Code provisions applicable to contractual claims.
With respect to medical malpractice insurance, the most important impact is that of the Medical Liability Law in which it sets out principles to assist in determining whether a practitioner’s conduct amounts to negligence, making it mandatory for medical practitioners to procure malpractice insurance.