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1.
Patient's right to protection of personal data in the legal system of Bosnia and Herzegovina
Marko 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: 09.10.2018; Views: 133; Downloads: 19
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2.
An overview of medical malpractice law in the United States including legislative and the health care industry's responses to increased claims
Thomas 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: 09.10.2018; Views: 298; Downloads: 27
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3.
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: 09.10.2018; Views: 569; Downloads: 57
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