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2. The standards of proof in medical malpractice casesNina Cek, 2020, original scientific article Abstract: The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in standards of proof by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the approach of the EU court on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through the help of a medical expert, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems and the question is raised of how the introduction of such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.
Keywords: medical malpractice, expert evidence, standards of proof, no-fault system, civil procedure rules
Published in DKUM: 15.01.2021; Views: 789; Downloads: 42
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3. Medical malpractice as a separate criminal offense : a higher degree of patient protection or merely a sword above the doctors' heads?Igor Vuletić, 2019, original scientific article Abstract: A comparative overview of the criminalisation of medical errors in Europe shows that this in principle is approached in two ways. Under the first approach, such errors are incriminated through the general regime for criminal offenses, such as bodily injury or causing death by negligence. The second approach, adopted in a smaller number of countries, prescribes it as a separate criminal offense (as medical malpractice). Croatian law is a typical example of the second model, which has given rise to discussions in Croatian scholarly circles about the abandonment of such a model. The author analyses the Croatian legislative solution and its realisation in judicial practice, and based on this analysis, through the presentation of noteworthy case law, provides conclusions on whether or not the Croatian legislative solution indeed provides a higher degree of protection of the health of patients and a higher level of legal certainty.
Keywords: doctor, medical malpractice, gross negligence, causal nexus, rules of the profession
Published in DKUM: 14.01.2021; Views: 696; Downloads: 27
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4. Medical error - should it be a criminal offence?Miha Šepec, 2018, original scientific article Abstract: Medicine is a risky profession where medical professionals have a duty to do anything in their power to help their patients. However, what if a doctor makes a grievous mistake that leads to the death but could have been avoided? Are moral responsibility and apology to patients´ family enough? Should we impose sanctions (civil or criminal) on the doctor who negligently caused the patients´ death? To answer this questions, we present arguments against criminalisation of medical error, where the strongest arguments are uncertainty of medical standards, counterproductive criminalisation seen in defensive medicine, using criminal law as the last resort, and the argument of doctor´s immunity. On the other hand, arguments for criminalisation are obvious negligent treatment with serious consequences, general prevention of future negligent conduct, sanitation of a medical system gone wrong, and the argument of privileged criminal offence. Our conclusion is that criminal law repression of medical malpractice or medical error is justified, however only in the most obvious cases of undisputed negligence or carelessness of a doctor, where his inappropriate conduct has led to a serious deterioration of health of a patient, which could have easily been avoided, if a doctor respected the practice and rules of medical science and profession.
Keywords: medical error, criminal law, criminal offence, medical malpractice, doctor, medical professional, negligent treatment
Published in DKUM: 09.10.2018; Views: 49056; Downloads: 264
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5. An overview of medical malpractice law in the United States including legislative and the health care industry's responses to increased claimsThomas Allan Heller, 2017, review article Abstract: Medical Malpractice claims are frequently asserted in the United States. At various time and places, an extraordinarily high number of claims and payouts led to what some have called medical malpractice crises. Consequently, in some geographical locations physicians either could not purchase malpractice insurance as carriers withdrew from the market, or, insurance became increasingly expensive and the overall costs associated with the delivery of health care continued to rise. Other undesirable consequences of these crises included a shortage of qualified physicians in certain parts of the country. Many of the states responded to these problems legislatively through a long series of tort reform measures. The health care industry itself has evolved in numerous ways. In particular, many health care providers have turned away from traditional private insurance models to self-insured models such as captives. Further, the industry has continued to consolidate, with fewer, but larger hospitals and clinics, and with an increasing number of physicians employed directly by hospitals and large clinics. The results of all of these changes have had mixed results.
Keywords: medical malpractice, defensive medicine, medical malpractice crises, tort reform, consolidation of health care industry, group captives
Published in DKUM: 09.10.2018; Views: 1437; Downloads: 176
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6. Patient's right to protection of personal data in the legal system of Bosnia and HerzegovinaMarko Bevanda, Maja Čolaković, 2017, original scientific article Abstract: Health-related personal data belong to a category of sensitive data which, therefore, must be specially protected. The protection of personal health data is one of the patients´ fundamental rights. Doctors protect their patients´ interests only when the information gained about patients, while providing them medical treatment, are kept secret. In this paper, the authors provide an overview of the legal framework for the protection of health-related personal data in the legal system of Bosnia and Herzegovina. In addition to the analysis of the relevant legal provisions and considering the situation in practice, it can be concluded that formal harmonisation of legislation with the acquis communautaire in this field is not followed by effective implementation of regulation in practice.
Keywords: privacy, doctor, medical malpractice, liability for damage
Published in DKUM: 09.10.2018; Views: 1070; Downloads: 156
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