Pregledni rad
https://doi.org/10.31141/zrpfs.2020.57.136.375
Medical error in professional sports
Hrvoje Vojković
Sažetak
The performing of medical treatment for the rehabilitation of sports injuries has certain challenges as a result of the professionalization of sports. In this regard, an attempt was made to investigate whether medical treatment within sports medicine could be qualitatively or otherwise different in reference to the specific circumstances, ie whether it had undergone a specific modification or was uniformly applied in its entirety. Namely, there is a phenomenon of a kind of conflict of interest between the lege artis health care imperative and a legitimate interest in achieving a top sporting result, which is especially pronounced when performing medical practice on behalf of team sports medicine doctor. The antagonized position of these two interests tends to disrupt the balance in favor of a sporting result, which in effect narrows the optimal scope of the medical standard, which may cause a medical malpractice per consequens. Sports medicine doctor, regardless of the fact that he is in a contractual relationship with a sports organization or not, is obliged to act with the professional care required for persons belonging to the same professional circle, that is, according to the standard of a good, not just average expert, and violation of the imposed professional standard constitutes a harmful act with a characteristic of unlawfulness in the subjective sense.
Ključne riječi
standard of medical treatment of sports medicine doctor; medical malpractice; civil liability of sports medicine doctor; due care of doctors; standard of good expert; professional sport
Hrčak ID:
237904
URI
Datum izdavanja:
8.5.2020.
Posjeta: 1.339 *