Just Satisfaction as an Effective Remedy

This study explores the importance of the instrument of just satisfaction as part of an effective remedy in cases of violation of patients' rights, when no other immediate remedy is available and when the violation is ongoing. The conceptual approach of my research is based on: (I) the justification of an effective remedy that can achieve immediate effect, and (II) the award of just satisfaction: (a) when patients' rights are violated and, because of human sensitivity, are affected by their inability to enforce them, and (b) when the violation of patients' rights is unrelated to the harm (whether due to medical negligence or to the unprofessional conduct of medical personnel) that patients have suffered to their health. Instead, the breach of the patient's right is related to the harm caused as a consequence of the patient's inability to benefit from medical treatment in a timely manner, which directly jeopardises the patient's state of health. The purpose of this article is to examine whether the court is obliged to provide monetary compensation in the form of just satisfaction arising from the existence of non-pecuniary damage (physical and mental pain suffered) due to the interference with the patient's legal sphere in order to preserve the patient's health and prevent illness - to provide medical treatment within a reasonable time. Keywords: Just satisfaction; Right of access to health care, Patient's rights; Non-pecuniary damage; Immediate effect