Abstract
The articleThe Role of the Occupational Court of Latvian Medical Association in the System of Legal Liability of Medical Practitionersdescribes the system of professional liability of medical practitioners, analyzing in details one of the institutions, which ensures professional liability of doctors and dentists – the Occupational Court of Latvian Medical Association. The article characterizes the position and role of the Occupational Court in the system of legal liability of medical practitioners, researches legal regulation for operations of the Occupational Court, the essence of the Occupational Court proceedings and the legal nature of decisions made in the Occupational Court. The article identifies potential problems in operations of the Occupational Court, making proposals how to eliminate the problems found out. The authors offer to expand the competence of the Occupational Court in the future. The article also touches upon such problematic issues relating to legal liability of medical practitioners as doctor's errors and medical errors, causality, etc.
Highlights
In the context of legal liability of medical practitioners it is important to single out liability of medical practitioners as specific persons subject to law for violations related to medical treatment within the meaning of Paragraph 1 of Section 1 of the Medical Treatment Law [1], and not any legal violations committed by medical practitioners
Professional liability of medical practitioners is for violations of law committed in performing their professional activity; it is imposed by a professional organization or its specialized institution
The aspect of professional liability of medical practitioners was researched in Latvia before in the book Medical Law [2], in which this type of liability was designated as disciplinary liability [2]
Summary
In the context of legal liability of medical practitioners it is important to single out liability of medical practitioners as specific persons subject to law for violations related to medical treatment within the meaning of Paragraph 1 of Section 1 of the Medical Treatment Law [1], and not any legal violations committed by medical practitioners. Professional liability of medical practitioners is for violations of law committed in performing their professional activity; it is imposed by a professional organization or its specialized institution. The Occupational Court is the institution of the professional organization for representatives of liberal professions, which examines the cases of malpractice, if any, committed by doctors and dentists (hereinafter referred to as “inspected medical practitioners” as designated in the Occupational Court Statute), to whom LMA, acting on behalf of the State of Latvia, pursuant to Section 29 of the Medical Treatment Law, issued certificates (in this article the term “certification” is understood to include certification, re-certification in basic specialty, sub-specialty, additional specialty, or in applying treatment or diagnostic methods). Pursuant to the Occupational Court Statute, the Occupational Court makes decisions and the above “proposal” to the certification council of LMA “takes the shape” of a decision
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