Krivičnopravni aspekti ljekarske greške i nesavjesno pružanje ljekarske pomoći - primjer Srbije i Slovenije

Abstract

Human health is seen by criminal law as an important protective object. Although the goal in everyday doctors' practice is to improve the health and to cure the patient, sometimes there are cases of medical error. In this paper the author first discusses the definition of the term medical error, looks at the basic division and separates the concept of medical error from similar concepts such as unfortunate results and complications. A medical error will exist if a causal link is established between the doctor's action and the serious impairment of the patient's health, or a fatal outcome. In order to avoid medical errors, a doctor is obliged to explain to the patient the possible risks involved in the treatment, as well as the risks during surgery and postoperative care, as well as to obtain consent from the patient. The author further discuss the specific criminal offense - Medical malpractice and systematically analyses the criminal act, as found in the criminal law of the Republic of Serbia and the Republic of Slovenia. He underlines the similarity of the criminal sanctions proscribed by the laws of Serbia and Slovenia. Further, he concludes that the specific criminal act is delicta propria, because the number of persons who may be found in the role of perpetrator is very narrow and specific.