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1.
Medical malpractice as a separate criminal offense : a higher degree of patient protection or merely a sword above the doctors' heads?
Igor Vuletić, 2019, izvirni znanstveni članek

Opis: 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.
Ključne besede: doctor, medical malpractice, gross negligence, causal nexus, rules of the profession
Objavljeno v DKUM: 14.01.2021; Ogledov: 696; Prenosov: 25
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2.
Medical error - should it be a criminal offence?
Miha Šepec, 2018, izvirni znanstveni članek

Opis: 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.
Ključne besede: medical error, criminal law, criminal offence, medical malpractice, doctor, medical professional, negligent treatment
Objavljeno v DKUM: 09.10.2018; Ogledov: 49056; Prenosov: 256
.pdf Celotno besedilo (589,77 KB)
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3.
Patient's right to protection of personal data in the legal system of Bosnia and Herzegovina
Marko Bevanda, Maja Čolaković, 2017, izvirni znanstveni članek

Opis: 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.
Ključne besede: privacy, doctor, medical malpractice, liability for damage
Objavljeno v DKUM: 09.10.2018; Ogledov: 1070; Prenosov: 152
.pdf Celotno besedilo (573,46 KB)
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4.
Health beliefs and practices among Slovenian Roma and their response to febrile illnesses : a qualitative study
Danica Rotar-Pavlič, Erika Zelko, Janko Kersnik, Verica Lolič, 2011, izvirni znanstveni članek

Opis: Introduction: When the Roma fell ill in the past, they used herbal home remedies to treat diseases. If the remedy failed to cure the illness, they called the local healer. Today, most Roma visit physicians. This study investigates health beliefs and practices held by the Roma people in Slovenia and their response to febrile illnesses. Methods: Field interviews using a semi-structured questionnaire were conducted in the vicinity of Kočevje. Sociodemographic data were gathered and recorded manually, and the interviews were tape recorded. Qualitative analysis was performed by three researchers. Special attention was paid to data validation. Results: The majority of Roma are not acquainted with thermometers and therefore do not use them. About onethird of the interviewees knew what the normal body temperature should be. Only 15% of the Roma population take their body temperature when they are feeling unwell. One-half visit their physicians. More than half of the population take paracetamol or aspirin when they feel feverish. More often, they resort to tea and emphasize the healing effect of sweating. Conclusion: The Roma beliefs and practices regarding health and fever are instructive and show how impoverished a narrow biomedical approach can be. Failure to use technical devices, such as thermometers, and lack of familiarity with the numerical values defining the border between normal and elevated body temperature, nonetheless do not mean that the Roma take inappropriate measuresin response to illness. Illnesses (including fever) can also be recognized without these tools and can be appropriately responded to by drinking teas, using compresses, and taking fever-reducing medications.
Ključne besede: Roma, illness, thermometer, fever, activity, doctor
Objavljeno v DKUM: 05.04.2017; Ogledov: 1328; Prenosov: 207
.pdf Celotno besedilo (236,53 KB)
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5.
MODERN INTERPRETATIONS OF THE MORAL AND ETHICAL ISSUES IN H. G. WELLS' THE ISLAND OF DOCTOR MOREAU
Tjaša Šuc, 2014, magistrsko delo

Opis: In the time of H.G. Wells, vivisection of animals and the human were common topics. Nowadays, the human still remains a common topic. Scientific research has developed further with cloning, in-vitro fertilization, organ transplantation, etc. Out of these various scientific developments and experiments, which are examined in the Island of Doctor Moreau, the question of ethics and morality arises, as well as the question how these concepts have changed from the time of Wells` Doctor Moreau and today. The objective of my thesis, Modern Interpretations of the Moral and Ethical Issues in H. G. Wells` The Island of Doctor Moreau, is to analyze the moral and ethical issues in the work of H. G. Wells' The Island of Doctor Moreau and to show their relevance and topicality. Firstly, the genre of science-fiction novel is discussed, followed by an analysis and the structure of the work, and an analysis of the characters, which enables further analysis and relevance to the main theme: moral and ethical issues.
Ključne besede: H. G. Wells, Doctor Moreau, vivisection, ethics and morality, scientific experiments.
Objavljeno v DKUM: 29.10.2014; Ogledov: 2055; Prenosov: 167
.pdf Celotno besedilo (565,16 KB)

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