The minor patient in focus : civil liability of medical practitioners in neonatal and paediatric care

Abstract

Civil liability in the context of medical liability is a complex area of the law requiring not only an understanding of fundamental legal concepts but also an appreciation of the court’s interpretation of such principles. This dissertation acknowledges this and challenges the strength and potential of Maltese law and courts in protecting the fundamental rights of minors. By narrowing the focus on the minor as a patient, a forgotten area of the law, which before this dissertation was yet to be researched in detail, is being given consideration and time, emphasising the need for further research to bring awareness for the interests of minors, especially after falling victim to negligence. With the minor at the backbone of this research, their legal status as a patient is analysed, highlighting the legal drafter’s recognition of the need to protect this group of individuals in health care law. The second chapter delves into the foundations of civil liability as established by Maltese courts, along with the relevant legal provisions, underscoring its intricate and nuanced nature. The last Chapter, acting as the cornerstone of the dissertation, puts the law and jurisprudential principles into practice through a collection of cases solely concerning paediatric and neonatal patients. Through this comprehensive and structured analysis, the pressing need for further research in this area of law is brought to the fore, positioning this dissertation as the foundation for future inquiry.