Izvorni znanstveni članak
https://doi.org/10.32984/gapzh.11.1.3
Controversies on the Criminal Liability of Medical Professionals For Professional Error
Nina Mišić Radanović
orcid.org/0000-0001-6664-0375
; Sveučilišni odjel za forenzične znanosti Sveučilišta u Splitu, Pravni fakultet Sveučilišta u Mostaru i odvjetnik
Sažetak
Over the past few years, two controversies have been increasingly present in legal and medical circles, as well as among patients, their organizations and the general public, regarding the criminal liability of physicians and other medical personnel for professional errors. The first controversy regards the general need for sanctions in situations where both disciplinary and civil liability exist for the same medical error, as well as professional liability insurance. The other controversy is related to the existence of a special criminal offence of medical error which has been included in the legislation of all the former Yugoslav countries, while in the Western civil law and common law countries criminal liability of medical professionals is included among the general offences against person. Therefore, the author analyses two normative models of culpability, the perspective of the European Court of Human Rights, the argumentation for and against criminal liability of medical professionals, as well as those focusing on redefining culpability, and proposes possible de lege ferenda amendments of the legislative framework.
Ključne riječi
medical professional; criminalisation of medical error; criminal liability; medical malpractice
Hrčak ID:
247590
URI
Datum izdavanja:
10.12.2020.
Posjeta: 1.600 *