Title

Covid19 legal issues under a comparative lens

Instructions

Suppose you are the legal advisor of the Prime Minister (PM) of Badia in the present Covid-19 context. After listening to my presentations of this week and having read the slides, what line of ideas do you submitto the PM (cf n 7 hereunder)?

To recall, in a nutshell:

1. Mrs. Beki died after the hospital postponed her cancer surgery.
2. Her husband and their 8 years old daughter received no compensation from the courts because of the "All or nothing" principle applicable in Badia.
3. The "All or nothing" principle: to establish a causal link between the defendant's negligent act and the claimant's damage, Badia Tort law requires that the claimant establish proof of clear and certain causation. If the claimant meets this requirement, she receives full compensation; if she cannot meet this test, she recovers nothing.
4. In the case of their wife and mother, the Bekis could not meet the test required by Badia law.
5. The decision to postpone the surgery and the failed negotiation to acquire a scan CT have deprived Mrs. Beki of a considerable chance of avoiding death a few weeks after she went home.
6. The Beki case added to others lead to social unrest in the country.
7. The PM instructed you: "- Give me ideas for legal reforms that can help avoid such unfair situations. I only need one page with your findings and initial recommendations. On that basis, I will make proposals at the upcoming Council of Ministers and announce them at a press conference".