Review article
https://doi.org/10.31141/zrpfs.2019.56.133.567
Civil law standards of medical treatment
Hrvoje Vojković
Abstract
Having researched the civil law standard in providing medical treatment, an endeavor was made to assert whether a medical service can be distinguished in qualitative or other terms with respect to a patient’s age or sex, or whether it is uniquely and comprehensively administered subject to certain specifics. The medical standard is expressed in the dimension of the fundamental or basic standard which presumes application of precise rules and adhered to by every physician, but at the same time the medical standard also includes other procedures by physicians resulting in newer scientific and medical discoveries and are applied in a wider context of the professional community. When administering a medical procedure, the physician is obliged to act with care as is sought for persons who belong to the same professional circle of people. Accordingly, Croatian law requires that physicians act according to the standard of what is good, and not as merely an average professional, whereas a breach of such an imposed professional standard is determined as a harmful action characterized as unlawful in a subjective sense.
Keywords
standard of medical treatment; a medical mistake; health service contract; civil liability of doctors; due medical attention; the standard of a good expert
Hrčak ID:
225693
URI
Publication date:
27.9.2019.
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