Original scientific paper
https://doi.org/10.31141/zrpfs.2017.54.125.685
Limits of negligent responsibility for medical malpractice
Marin Mrčela
; Vrhovni sud Republike Hrvatske
Igor Vuletić
; Pravni fakultet Sveučilišta u Osijeku
Abstract
Criminal offence of medical malpractice is one of core medical criminal offences. Protected object is health of patients. Application of inadequate methods in health treatment can have severe consequences for patient’s health, even death. Croatian jurisprudence is familiar with such cases. However, Croatian literature until now did not deal with this sensitive area of criminal law. Scope and limits of responsibility for negligent form of medical malpractice can cause doubts in court’s practice when deciding about criminal liability. This paper is dedicated to this topic. After presentation of main characteristics of this criminal offence, the authors are making an effort to establish criteria for estimation of negligence in case of medical malpractice. They are testing their thesis on one very complicated case from recent Croatian jurisprudence.
Keywords
negligence; aware; unaware; causality; interruption of causality; inattention; consequence; expertise; ommision
Hrčak ID:
186731
URI
Publication date:
19.9.2017.
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