Original scientific paper
https://doi.org/10.34075/sb.62.4.4
Medical malpractice and types of doctor's liability in the positive legal system of the Republic of Croatia
Ivana Papac
; Catholic Faculty of Theology, University of Split
Ante Jukić
; Catholic Faculty of Theology, University of Split
Abstract
The paper shows how the responsibility of medical doctors for damage has been prescribed throughout history, that is, how it has gradually increased. Also, for an easier understanding of the nature of the legal relationship between patients and Health care providers, which is truly the most important factor in determining the existence of civil liability, the aim of the paper is to outline the responsibility of medical doctors when providing health services in accordance with current regulations of the Republic of Croatia. Demarcation between the concept of medical error and the concept of complications is the most important factor for determining the existence of the liability of the healthcare service provider for damage. Consequently, we looked at the types of doctor’s liability (criminal-legal liability, civil liability, punitive-disciplinary liability), the concept of negligent treatment as a separate criminal offense and the procedure for compensation in the Republic of Croatia. At the very end of the paper, the compensation procedure is briefly mentioned, citing a statistical example of open cases for compensation of damages, which were initiated by patients due to the dissatisfaction that was caused by the consequences in the form of the deterioration of the patient’s health, but also by the fatal consequences after the performed medical procedures which patients were subjected to by doctors. They were initiated in order to protect violated human rights. The paper mentions some problems that arise in the medical profession, and offers instructions and suggestions as well as a methodology for mutual treatment in the doctor-patient relationship.
Keywords
medical error; complication; criminal and legal liability
Hrčak ID:
296746
URI
Publication date:
28.12.2022.
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