Liability Of Doctors Research Articles

Tanggung Jawab Dokter/Rumah Sakit Akibat Malpraktik Medis SebagaiUpaya Perlindungan Hukum Bagi Pasien

The relationship between a doctor and a patient is basically a civil law relationship, where the patient comes to thedoctor to cure his illness and the doctor promises to try to treat or cure the illness. Civil relations are legal relationscarried out by parties who are in equal positions. The relationship between the doctor and the patient gives rise torights and obligations or in other words the agreement/agreement between the doctor and the patient gives rise toan obligation, in this case a business contract (inspanning verbintennis) because it is based on an obligation to dobusiness. Doctors are obliged to provide care with care and attention in accordance with professional standards. Soif the patient/family finds out that the doctor has not fulfilled his obligations as stated in the agreement, he can file alawsuit for breach of contract before the court and ask for the agreement to be fulfilled and can demandcompensation. Likewise, if a doctor in his service to a patient commits an act that violates the law, then inaccordance with the provisions of Article 1365 of the Civil Code which regulates unlawful acts, the plaintiff (victim,patient) can demand compensation, both material and immaterial. The principle of the reverse burden of proof canbe applied in medical cases, so the rights of the patient (plaintiff) will be protected, meaning that the plaintiff(patient), even though it is difficult or impossible to prove the fault of the defendant (doctor, hospital) and will stillobtain his rights, namely in the form of compensation both material and immaterial.Keywords: Doctor's liability, malpractice, medica

Doctor's Liability to Patient Due to Default in Therapeutic Agreement (Case Study of Ma RI Decision Number 2811 K/Pdt/2012)

The legal relationship that occurs between a doctor and a patient is called a Therapeutic Agreement/Transaction. Risks that can cause harm to patients can occur in even the smallest medical procedures. A doctor can be held liable if he has made a mistake or negligence and caused harm, although basically no doctor intentionally makes a mistake as happened in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012. The type of research used by the author is normative juridical, namely legal research carried out by examining library materials or often also referred to as library legal research. The results of the research carried out were obtained by the judge's consideration in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012 which was inaccurate, because according to the Supreme Court judge, the cassation respondent's actions were correct and did not violate any legal provisions. In fact, after a description of the facts in the series of events in this case, it was clearly found that the doctor and hospital had done things that violated the provisions of the Health Law, including violating the Medical Code of Ethics. The actions of the cassation respondent, especially doctor E and including doctor J as the recipient of the delegation, have been proven to be in breach of contract. This is because the actions of the two doctors violated the provisions of the Medical Practice Law, namely that the actions they took were not in accordance with standard procedures and violated the provisions of the law.

The Legal Nature of the Patient-Doctor Relationship and the Doctor's Liability for Compensation in the Event of Medical Malpractice

Hasta ile hekim arasındaki ilişki günlük yaşantımızda sıklıkla karşılaştığımız bir ilişkidir. Çoğu zaman bu ilişkiye üçüncü bir kişi olarak hastane de katılmaktadır. Bu bakımdan hasta-hastane-hekim çerçevesinde gerçekleştirilen tıbbi müdahalelerde sorumluluk konusu önem arz etmektedir. Ortaya çıkan bu sorumluluğun hukuki dayanağını ve ortaya çıkan sorunu çözmek adına hasta-hastane-hekim üçlüsü arasındaki ilişkinin içeriğinin belirlenmesi gerekmektedir. Bu ilişkinin mahiyeti belirlendikten sonra hekimlerin hata, ihmal ve kusurlarıyla hastaya verdikleri zarardan sorumlulukları gündeme gelecektir. Burada hekimlerin ceza hukuku kapsamında şahsi, borçlar hukuku kapsamında ise tazminat sorumluluğu bulunmaktadır.

Badanie dopełnienia obowiązku informacyjnego i odpowiedzialność za powikłania po zabiegu wykonanym lege artis bez zgody pacjenta. Glosa do wyroku Sądu Apelacyjnego w Gdańsku z 9.06.2020 r., V ACa 89/20

The judgment concerns the infringement of the patient's right to consent to surgery and the doctor's liability for complications arising from the surgery performed lege artis. In the author's opinion, the Court of Appeal duplicated the discretionary, or at least premature, conclusions of the Regional Court regarding the defectiveness of the patient's consent, which was of fundamental importance for the possibility to pursue claims for breach of patient's right and causing health disorder. Moreover, the liability of the defendant for health disorder was excluded, as the causality between the unlawfully performed surgery and complications was not observed, an unambiguous assessment of the patient's condition if the surgery had not been performed was not possible and the plaintiff failed to prove her claim. This commentary presents a different view and addresses mainly two issues: the court's examination of fulfilling the doctor's duty to inform, and the causal link between the surgery performed lege artis without consent and the complications in the case of a patient with anatomical predispositions.

Doctor's Civil Responsibility in Medical Malpractice in Indonesia

In the perspective of civil law, medical malpractice is an unlawful act (onrechtmatige daad) in accordance with the provisions of the Civil Code (Burgerlijk Wetboek). This study aims to analyze the civil liability of a doctor in medical malpractice in Indonesia. This type of research is legalistic, doctrinal or normative. Based on the results of the study, a lawsuit against the law in medical malpractice is regulated in Article 1365 Burgerlijk Wetboek (BW) with elements such as the patient having to suffer losses, mistakes or negligence (other than private persons, hospitals). may also be liable for errors or omissions). negligence of employees), there is a causal relationship between loss and error, the act violates the law. In addition, the form of the doctor's liability in acts against the law of medical malpractice based on Article 1365 BW can be in the form of material and immaterial compensation to patients.

Medical Liability in the First Period of Independence of Latvia (1918–1940)

The aim of the paper is to investigate the development of medical law and jurisprudence in the Republic of Latvia during its First Period of Independence (1918–1940), with a particular focus on the liability of doctors for instances of negligence that occurred during the fulfillment of their professional duties. The author seeks to identify the main routes of the emergence of medical liability in the Republic of Latvia, the influence of the laws and legal precedents on the adoption of national legislation relating to medical liability, and the development of case law relating to medical malpractice by Latvian courts during the First Period of Independence.

Medical malpractice and types of doctor's liability in the positive legal system of the Republic of Croatia

U radu se prikazuje kako se odgovornost liječnika za štetu propisivala tijekom povijesti, odnosno kako se postupno povećavala. Također, za lakše razumijevanje prirode pravnog odnosa između pacijenata i pružatelja zdravstvene usluge koja je uistinu najbitniji faktor pri utvrđivanju postojanja građanske odgovornosti, cilj je rada prikazati u glavnim crtama odgovornost liječnika kod pružanja zdravstvenih usluga u skladu s važećim propisima u Republici Hrvatskoj. Razgraničenje pojma liječničke pogrešku od pojma komplikacije najbitniji je faktor za utvrđenje postojanja odgovornosti pružatelja zdravstvene usluge za štetu. Slijedom toga, osvrnuli smo se i na vrste odgovornosti liječnika (kaznenopravnu, građansku, stegovnu-disciplinsku), pojam nesavjesnog liječenja kao zasebnoga kaznenog djela te postupak za naknadu štete u RH. Na kraju članka u kratkim se crtama spominje postupak naknade štete, navođenjem statističkog primjera otvorenih slučajeva za naknadu štete, koje je pokrenuo pacijent zbog nezadovoljstva koje je potaknuto upravo nastalim posljedicama u vidu pogoršanja zdravlja pacijenta, ali i smrtnim posljedicama nakon izvršenih zdravstvenih zahvata liječnika kojima su pacijenti bili podvrgnuti. Oni su pokrenuti kako bi se njima zaštitila povrijeđena ljudska prava. Rad se dotiče problema koji se javljaju u liječničkoj struci, te nudi naputke i prijedloge kao i metodologiju uzajamnog postupanja u odnosu liječnik – pacijent.

Limitation of Doctor's Liability to Patients Based on the Value of Patient Safety

This study aims to determine the comparison between students' mathematical critical thinking skills taught with macromedia flash interactive learning media compared to PowerPoint media. This type of research is an experimental research. This research was conducted at SD Negeri 101788 Marindal I. The population in this study was students of SD Negeri 101788 Marindal I. While the samples in this study were 27 students in class IV/a and 27 students in class IV/b. The data collection in this study used a mathematical critical thinking ability test. The research hypotheses were tested using independent sample t-test data analysis techniques. The results showed that: (1) There was a significant difference between students' mathematical critical thinking skills taught with interactive learning media macromedia flash compared to powerpoint media (Fcount = 4.005; sig. = 0.004); and (2) The average mathematical critical thinking ability of students who are taught with interactive learning media macromedia flash is higher than the powerpoint media with a Mean Difference value of 7.40. In other words, it can be said that there is a significant effect of the application of interactive learning media macromedia flash on students' mathematical critical thinking skills.

Proceedings Before the Supreme Pharmaceutical Court Concerning Infringement of the Rules of Professional Ethics of a Pharmacist

Members of the pharmacists’ self-government can be held liable before pharmaceutical courts for conduct breaching the rules of professional ethics and deontology, and infringing legal regulations concerning the practice of the pharmacist’s profession. Thus, the basis of professional responsibility of pharmacists is generally similar to the rules of professional liability of doctors, nurses, and midwives. Nevertheless, certain significant differences can be noticed in the course of the proceedings. Such a difference occurs in the proceedings before the Supreme Pharmaceutical Court. The professional group of pharmacists cannot be indifferent to punishable acts because this would imply tacit consent to breach of legal provisions regulating the professional practice and the rules of professional ethics and deontology set forth in the Code of Ethics of the Polish Pharmacist. Therefore, it is crucial that pharmacists, who practise a profession of public trust, should take care of the appropriate status of their occupation in order to conduct properly their mission of serving the society.

The Italian Supreme Court Joint Sections set forth the interpretative underpinnings of the "Gelli-Bianco" law: varying degrees of guilt aimed at limiting medical liability, article 2236 c.c. makes a comeback.

The article's author has sought to summarize the regulatory and legal evolution of accidental criminal liability of doctors starting from earliest positions up until the enactment of the Gelli-Bianco law. An in-depth analysis is laid out based on the Italian Supreme Court Joint Sections ruling n. 8770/2018 (so-called Mariotti decision). The author has also elaborated upon the notion of varying degrees of guilt, which was taken out of the law's wording, to be later reintroduced as a concept by judicial interpretation. It is worth noting that Article 3 of the Balduzzi decree, article 590 sexies of the Italian Criminal Code and the reference to article 2236 of the Civil Code reflect an awareness on the part of legislators that medical liability needs to be limited. Clearly, the approach based on lawfulness alone, which protects from liability physicians that have adhered to guidelines, has been dismissed, superseded by the notion of minor fault. Nonetheless, the new legislation, in the author's estimation, constitutes a standard particularly ill-suited to modern medical practice, which has a high degree of complexity. The author concludes that it might be worth considering a more balanced alternative: getting back to the notion of fault, considering minor fault relevant, rather than major fault.

Działalność samorządu lekarskiego w zakresie doskonalenia zawodowego na przykładzie Wielkopolskiej Izby Lekarskiej

The issue of the continuous improvement of professional qualifications by medical doctors is of utmost importance both from the point of view of doctors and their patients. Acquiring new knowledge and skills is an important element of a doctor’s professional career. A doctor who raises his qualifications guarantees better medical care for a patient. The professional self-governing body of doctors constitutes a significant element in the postgraduate education of doctors. It participates in the education of interns and in the procedure of acquiring the title of specialist. It also supervises and organizes the process of doctors’ mandatory continuous education. A majority of the tasks related to doctors’ professional education is performed by regional chambers. The Wielkopolska Medical Chamber organizes training sessions and courses for its members, which are one of the forms of fulfilling the requirement of professional improvement, reimburses a portion of the costs borne by the doctors in connection with improving their professional qualifications, and it establishes cooperation with domestic and foreign academic institutions to provide doctors from Wielkopolska with an opportunity to partake in training. These activities of the medical association, combined with the organs of professional liability of doctors, allow the patients to hope that when visiting a doctor they encounter a specialist who will take the utmost care of them.

The role of the Occupational Court of Latvian Medical Association in the system of legal liability of medical practitioners

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.

Uwagi co do zgody pacjenta na zabieg medyczny jako formy ochrony autonomii jednostki oraz warunków legalności zabiegu leczniczego w rozumieniu art. 192 k.k. przy zastosowaniu telemedycyny

In the following article, all conditions being necessary to make a medical treatment legal – with special regard to formal requirements associated with obtaining patient's consent – have been discussed. Ananalysis of the legal acts, on the basis of which patient's will is protected, Has also been done. International conventions as well as the Constitution of Poland itself have been taken into consideration in the Niven process. Doctor's liability for committing a crime mentioned in the penal code, article 192 has been discussed within the further part of this paper. Special attention has been paid to the question whether the subject of that crime may be either someone who treats or anyone someone who, in the eyes of the law, has the right to treat or any one (common crime) and to the using information technology to provide patient's will in health care from a distance.

New patients' rights act--what do we have to consider?

The controversially discussed act of improving the rights of patients entered into force in Germany on 26 February 2013 without any transitional period. The current law of patients "rights brings together patients" rights at one uniform place in the civil code (BGB, "Bürgerlichen Gesetzbuch") and should, therefore, attract the medical stakeholders' interest. The new patients "rights law improves the patients" position concerning both treatment and doctor's liability law and is supposed to strengthen a new "error culture" in health care. Similarly, clinical and daily practice becomes more complex with high levels of bureaucracy and the patient-physician relation shifts in favour of meticulous documentation.

Legal qualification of a medially indicated surgical procedure performed upon patient's insistence

In this paper, the author explores the relationship between the medical indications for surgery and the patient's right to self-determination, i.e. the right of a competent adult to make an informed decision about his/her medical treatment. In that context, the author points out to three practical questions. First, does the patient's right to self-determination imply the patient's participation in determining the medical indications for medical treatment, or is it only limited to the patient's authority to consent or not consent to the doctor's proposal? Second, can the patient's consent or insistence justify a surgery which is not medically indicated? Third, does the patient's right to self-determination imply that the patient assumes the risk associated with a surgery which is not medically indicated, thus excluding the doctor's professional responsibility (liability)? Relying on the legal theory, legislative framework and judicial practice (case law), the author concludes that a surgery which is not medically indicated should be qualified as a wrongful act. The unlawful nature of this act cannot be excluded even by the patient's persistent demands to perform the surgery. The patient's right to self-determination implies only the possibility of accepting or refusing the medical treatment proposed by the doctor. The decision on the medical indication of a surgical procedure must be fully vested with the doctor, who is bound by the rules of medical science and medical ethics. In other words, a doctor should act in compliance with what he/she considers to be proper. Otherwise, the doctor may be held liable for medical malpractice. In principle, the doctor's liability for performing a surgery which is not medically indicated cannot be precluded by contracting a relevant doctor-patient agreement. The exception to this rule should be allowed only in cases when the patient is a medical expert who strongly believes that the medical intervention is medically indicated, in spite of the doctor's divergent opinion.

Image Thinking: The Cultural-Psychological Underpinning of Chinese Patients’ Somatic Propensity

Under a cultural psychological perspective, the high somatization report rate among Chinese clients is a reasonable phenomenon that has long and deep cultural roots. In lack of the cultural knowledge that underpinned the cultural-psychological structure of a particular nation, one would find it hard to understand the diverse dimensions of a medical phenomenon. The disputes concerning somatization provide a typical case that we could recognize the paradox and limitation of modern medicine and find alternate accounts. Image thinking is the prototype of traditional Chinese thoughts. Differing form the western logic thinking, it is an anthropomorphic, analogous thinking paradigm that reveres the notion of Tian Ren He Yi, the self-evident harmonic corresponding relations between the structure, physiological functions, pathological changes of the human body as microcosm and the change of the nature environments and social world as a macrocosm. All existing elements in the world are supposed to be orderly interconnected via the force of Yin, Yang, and Five Elements. The disorder of natural and social forces is considered as the final cause of human disease and the ultimate source of all disasters and unhappiness. Human body is part of the interconnected world and thus is subject to disturbance from all possible natural and social forces. It is not only a biological body, but also reflects one's thoughts, emotions, and other psychological aspects. Human diseases, therefore, cannot be distinguished as physical diseases or psychological diseases, since they are interchangeable and almost occur simultaneously. Traditional Chinese Medicine also employs image thinking to explain, diagnose and cure diseases. According to the classic TCM theory, internal organs are centers of all psychological and physiological functions and emotions are regarded as important etiological factors of mental and physical illness. However, once physiological functions are disturbed, the logical methods of treatment become physiological or pharmacological interventions, together with certain psychological interventions. Though psychological interventions mainly serve as supplementary treatments, it is clear that body and mind are always treated together in the categorization and treatment of diseases, which is a distinct feature of TCM. A typical TCM practitioner is thus a physiological doctor and a psychotherapist simultaneously. He or she is suppose to listen to a patient's chief complaint carefully and examine the patient's symptom with a holistic view by asking the patient's living habits, diet, stress, sexual life, etc. A doctor is supposed to speculate the real factors underlying the apparent symptoms through looking, listening, asking, and touching, and the patient should be assigned with a customized treatment both pharmaceutically or psychologically. A practitioner that only detect and treat the bodily symptoms are usually referred as inferior doctors, while eminent doctors always know it is the unbalance status of Yin and Yang that cause any disease in any form and employ their medical knowledge to solve the problem and then restore the body to its normal balanced condition. The long prevalence of TCM in Chinese society has demonstrated the strength of image thinking. It encourages patients to freely talk about their illness, either in physical or psychological way. Both the patients and doctors have the consensus that the categorization of physical or psychological diseases itself is not important, and it is the doctor's liability to detect the real causes of patients' symptoms, which may be attributed to biological, social, or psychological factors. The patient's main complaint of disease is thus a culturally specified behavior that may differ significantly among different cultures.

Ultimate doctor liability: A myth of ignorance or myth of control?

Ultimate medical doctor responsibility for the care delivered to patients by all professionals is a myth. Legally Lord Denning dismissed the myth in the mid-20th century in England. The assumption that a medical doctor is responsible for the care delivered by nurses has not existed in English and Australian law since that time, and it has been actively refuted. Yet it is a myth that continues to circulate influencing health service, state and federal health policy. For some it is a myth of ignorance and for others it is a means of control. This paper outlines the relevant case law to debunk the myth of ultimate medical doctor control.

Medical Liability and Liability of Health Institutions in Turkish Law

AbstractThis article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital management. Doctors and other health care personnel employed by private hospitals are auxiliaries in medical treatment. Liability for treatment in State or municipality hospitals is based on administrative law. In case of malpractice, liability of physicians and health institutions covers all bodily injuries and material damages as well as immaterial damages. A draft law on liability for malpractice in medical services is being discussed by relevant circles in Turkey.

Needle-stick injuries in the National Health Service

Elmiyeh and co-workers (July 2004 JRSM1) report a culture of silence on needle-stick injuries. As they indicate, clinicians do not easily change their practice.2 The case for post-exposure prophylaxis is well grounded3 though not yet (understandably) proven by a randomized controlled study. In the UK, the needle-stick injury needs to be reported in order to access such treatment, via occupational health or emergency services. However, there are other less tangible reasons for reporting. Criminal liability has been established for actions taken by a person who knew himself to be HIV-positive.4 What about the liability of doctors who know they have sustained a potentially infecting needle-stick injury? The Selby train crash showed that the driver who knew he was too tired to drive was liable for the consequences of falling asleep.5 Therefore there is a risk of liability for actions while hazardously infected, through an act of omission. This can only be determined by a legal test case, which I would not wish to be part of. The final benefit is the certainty that comes from appropriate and conclusive infectious status testing. It was the above factors rather than the system-wide implications that I found most motivating—plus, as stated by Elmiyeh et al.1 the possibility of invalidating insurance cover—when several months ago I reported my own needle-stick injury from a high-risk case.

Privatizing scarcity: civil liability and health care in Tanzania

There has been no significant consideration of the civil liability of doctors under Tanzanian law, either in the decisions of the courts of that country or in legal scholarship. The most obvious explanation for this has been the infrequency with which issues of medical malpractice have been litigated. Society and politics in Tanzania have changed greatly over the past ten years, however, and there is some reason to expect that the volume of litigation will increase. This article sets out to explore the significance of such a “legalization” of therapeutic relationships for professionals, patients, the health care system as a whole and wider Tanzanian society. In order to establish the effects of growing legal intervention it is necessary to consider in some detail the applicable rules of liability. As awareness of the possibility of litigation grows, these rules will increasingly form part of the fabric of therapeutic relationships. The following discussion will, therefore, seek to identify these legal principles on the basis of reported Tanzanian cases and precedents from other common law jurisdictions. Three grounds of action will be considered in particular: medical negligence; failure to obtain the patient's consent to treatment; and disclosure of confidential information acquired by the doctor. The latter two types of action have come up for consideration in the context of discrimination against people infected with HIV. They will therefore be discussed here with reference to the special circumstances of the AIDS epidemic.