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Group of scientific experts on medical liability (CJ-S-MED)
In 2004 the CDCJ commissioned Professor Herman NYS to draft a Report on Medical Liability in Europe. The Report has been examined by the CDCJ as well as by the European Health Committee (CDSP) and the Steering Committee on Bioethics (CDBI). The CDBI and the CDSP emphasised the importance of an exchange of views at a European level in this field and took the view that the organisation of a multi-disciplinary seminar would be the appropriate next step.

It was agreed that the seminar should cover different aspects of burden of proof in medical liability claims, the right of patients to informed consent and alternative ways for settling disputes emerging from medical care. An additional question of a doctor giving medical advice or assistance in one country and being sued in another country in relation to that advice should also be considered.

Furthermore any activities in the area of medical liability would fall within the remit of the Council of Europe, following the Warsaw Summit, to assist member states to deliver justice fairly and rapidly and develop alternative means for the settlement of disputes.

In this regard, the CDCJ suggested setting up a group of experts to prepare this seminar during 2007. Consequently, the draft terms of reference of the Group of Scientific experts on medical liability (CJ-S-MED) were drawn up by the CDCJ and adopted by the Committee of Ministers in January 2007. The Group held a first meeting in June 2007 where it will took stock of the activities already carried out in this area by the Council of Europe, identified and proposed topics to be discussed at the seminar and considered the various sectors that should be represented at the seminar in order to ensure a comprehensive coverage of the topics proposed.

 Report of the first meeting, 21-22 June 2007 CJ-S-MED (2007) 8 rev.2
Terms of reference CJ-S-MED (2007)1
Report on medical liability in Council of Europe member states - a comparative study and recommendations by Prof. Herman NYS CDCJ (2005) 3rev.1
Conference on “The ever-growing challenge of medical liability: national and European responses", Strasbourg, 2-3 June 2008
The aim of the Conference was to gather information, share experiences and examine ways of improving standards of dealing with medical liability in member states. Furthermore, good practices in the field which simultaneously secure the individual’s access to the judiciary while ensuring just compensation for any medical malpractice, were examined. This Conference endeavoured to foster closer and more effective co-operation between the relevant stakeholders dealing with medical liability claims and provided the opportunity to bring the subject before a larger audience
Proceedings of the Conference
Launch press release
Final press release