An introduction to medical law according to the positive law of the Republic of Croatia, with sources and founding principles: The responsibility of doctors and some legal and ethical questions regarding the doctor-patient relationship, from a paediatric standpoint

Abstract

In this paper, the authors define Medical law and give an introduction into the subject matter by using the Positive law of the Republic of Croatia. In the second chapter, the authors list the sources of Medical and Health law, especially as they relate to paediatric medicine, thus separating the international and domestic sources of law. Later, they explain the legal descriptions of the founding principles of Medical and Health law. This paper focuses on explaining the legal responsibilities of doctors and other medical practitioners towards other persons, which may occur during their regular practice, or due to errors on their part. The responsibilities are explained in detail in the basic legal divisions; as such, there are criminal, misdemeanour and disciplinary responsibilities on one hand, and civil liability for damages incurred while providing medical services on the other. The legal obligations of all healthcare sector employees are further explained, and the paper also contains an overview of the specific criminal offences from Title XIX of the Criminal Code, titled "Offences Against Human Health". Later, the authors deal with the rights of patients in the Republic of Croatia and the legal regulations relating to them. The paper focuses on the rights of underage patients, where the legal regulations are explained according to the Family act and the Act on Protecting the Rights of Patients.