The legal nature of the professional error and its impact on the form of liability of health care professionals in the Republic of Serbia
The legal nature of the professional error and its impact on the form of liability of health care professionals in the Republic of Serbia

Summary/Abstract: Introduction: Liability due to professional error of health care professionals has for many years been viewed as liability due to doctor's professional error, however, in recent times the Serbian legislator has accepted the term "professional error", so it is more appropriate to consider the liability of all health care professionals due to professional error, not just doctors Goal: The authors try to point out the discrepancy between the meaning and consequences of professional error prescribed by the Law on Health Care of Serbia and the consequences that occur in practice, in the sense that the Law refers exclusively to disciplinary and material liability of health care professionals due to professional error, not misdemeanor and criminal liability. Methods: Using the method of analysis, the authors pay special attention to the positive legal regulations. A comparative method was used in a particular section of the paper as well. In order to confirm certain facts during the research, the authors also applied the method of interviews with health care professionals. Results: The concluding observations justify that criminal liability, as well as misdemeanour, have no foothold in professional error defined by the Law on Health Care of the Republic of Serbia, but in the general rules on liability. Conclusion: It is necessary to establish closer ties between scientists in the field of medicine and law, in order to point out the need to specify the provisions of the Law on Health Care of the Republic of Serbia, regarding the consequences for the health and life of patients in case of professional error.

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