Compensation for costs of care. Challenges at the interface of civil liability law and the public health care system
PhD student: Mrs M. de Groot
Promotor: Prof S.D. Lindenbergh
Duration: 1/9/2019 - 31/8/2024
Victims of serious injuries are often confronted with an intensive, long-term and costly need of care. If a victim can hold someone else liable for his injuries, he has two options to compensate his costs of care: an appeal to provisions provided by the public health care system or a claim against the tortfeasor according to civil liability law. However, the concurrence of these two compensation mechanisms, embedded in different legal regimes (public and private law), leads to challenges. For instance, due to the ongoing deterioration of the public health care system, the assessment of future care costs has become an increasingly difficult task. Because of such challenges, the compensation of care costs has been high on the agenda of both policymakers and practitioners. Case law and academic literature, however, is scarce. This research aims to reduce this knowledge gap and to provide concrete guidelines for improving the compensation of care costs, by combining classical and comparative legal research with empirical research.