Tort Liability of Healers

In accordance with Slovenian Complementary and Alternative Medicine Act (Zakon o zdravilstvu) healers are not liable under the general rules of compensation liability. Slovenian courts allow the victims to claim compensation on the contractual basis or on the basis of a civil offense. Illegality can be expressed in the form of absence or defects in informed consent, in the form of healing defect, or in disrespecting the provision of referral for medical treatment. In clarifying certain issues regarding compensation liability of healers, we can lean on conclusions from theory and the case law considering compensation liability of medical doctors. However, it is essential to take into account that the regulation of the informed consent of healers in some aspects differs from the regulation concerning medical doctors. In particular, there are different conditions with respect to the consent of incompetent persons, obligation of a written form, the scope of informed consent, and the rule defining who shall give informed consent. The regulation of the tort liability of healers is appropriate in principle; however, the imperfections in the general regulation of healers’ position prevents it from being successfully implemented. Key words: healer, tort liability, informed consent, professional care, implication, complication.