Published on 21 March 2022

FIRST SECTION

Application no. 1742/21 Suzana Å TENGL against Croatia lodged on 15 December 2020 communicated on 1 March 2022

SUBJECT MATTER OF THE CASE

The application concerns medical negligence proceedings unsuccessfully instituted by the applicant against a hospital following her gallbladder surgery. Her claim was dismissed after sixteen years because the courts could not establish any malpractice.

The applicant complains, under Articles 6 and 8 of the Convention, that the domestic courts set an unattainably high threshold of evidence, that they failed to properly reason their decisions and that the proceedings lasted too long.

QUESTIONS TO THE PARTIES

1. Did the applicant have a fair hearing within a reasonable time in the determination of her civil rights, in accordance with Article 6 § 1 of the Convention?

2. Has there been a violation of the applicant’s right to respect for her private life, contrary to Article 8 of the Convention, on account of any failure on the part of the domestic authorities to comply with their procedural obligations under this provision (see Jurica v. Croatia , no. 30376/13, 2 May 2017, and Vilela and Others v. Portugal , no. 63687/14, 23 February 2021)?