The patient has the right to file a complaint with the health service provider regarding the provided health care service. The Data Protection Commissioner can investigate when human rights and the rights of patients overlap. The Health Care Act has also created the institution of patients’ right representatives. Their main task is to provide information on the patient rights and how to enforce them.
In Hungary damage resulting from health services is compensated according to the rules of the Hungarian Civil Code. The Hungarian Civil Code states the following: “A person who causes damage to another person in violation of the law shall be liable for such damage. He shall be relieved of liability if he is able to prove that he has acted in a manner that can generally be expected in the given situation”. Four preconditions have to be established to determine the responsibility of a health institution, that is to say damage, causality, ability to attribute guilt and the unlawful nature of the damage. When these four preconditions exist, the injured party may demand compensation from those who caused his injuries.