Wpływ błędu organizacyjnegona odpowiedzialność karną lekarza

Abstract

The article is devoted to the issue of organizational error and it’s impact on the criminal liability of the physician. Basic concepts, such as medical malpractice, due diligence, undesirable medical event are analyzed, and then the issues of the basis and types of physician's criminal liability and the phenomena of organizational errors are discussed. In practice, issues of shortcomings in the organization of work are rarely considered in criminal cases in order to minimize or exclude the physician's fault. Physicians always provides services in specific circumstances and often, even despite acting in accordance with the standard of current medical knowledge and with due diligence, he may not be able to meet the expectations of proper and effective treatment due to organizational reasons beyond his control. Proper collection and assessment of evidence, such as internal regulations of the organization of facilities, regulations, interviews with employees, allow us to reconstruct the reality in which the services were provided and which may affect the criminal liability of the doctor. For errors of an organizational nature, due to the specificity of civil liability, the construction of organizational fault and the principles of criminal liability, the entity is liable under civil law. In order to determine the criminal liability of the doctor in the proceedings, it should be stated that the doctor fulfilled all the characteristics by his behavior, committed a medical error for which he can be blamed.