Original scientific paper
https://doi.org/10.3935/zpfz.71.34.04
Contractual Liability of a Physician in Roman Law
Nikol Žiha
orcid.org/0000-0003-4105-5940
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
The paper explores the emergence of contractual liability of physicians in Roman law. Although medicine was in its rudimentary form, the question of the nature of medical liability was problematized as early as the antiquity, when the principle of a physician’s responsibility for negligence, but not necessarily for the ultimate success of a treatment, developed. After initial considerations aimed at identifying who was to be recognised as a physician and what qualifications had to be met in order to be considered a part of the medical profession, through the analysis of legal sources, the central part of the paper aims to determine the legal nature of the contract and, accordingly, the legal protection available to the patient. The final part of the paper examines the preconditions for medical liability, as well as compensation, and concludes with a review of the basic principles that laid the foundation for further development of a physician’s liability for damage caused by a violation of medical science standards.
Keywords
civil liability; locatio conductio; medicus; damage; Roman law
Hrčak ID:
266119
URI
Publication date:
15.11.2021.
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