ОДГОВОРНОСТ ЗБОГ ШТЕТЕ УЗРОКОВАНЕ ПАЦИЈЕНТЕ ИНЈЕКЦИЈАМА (ПОСЕБАН ОСВРТ НА ПРАКСУ НЕМАЧКИХ СУДОВА)
RESPONSIBILITY FOR DAMAGES INFLICTED ON PATIENT THROUGH THE USE OF INJECTIONS (SPECIAL REVIEW OF GERMAN COURT PRACTICE)

Summary/Abstract: This article is comprised of four parts. First part deals with the notion and types of injections used in contemporary medical practice. Second part deals with possible complications and mistakes Аssociated with injecting patients. Special attention is given to the fact that injections are not totally harmless to human body, since they can be associated with characteristic local complications and can even endanger patient's life. Some of those complications are linked to the process of administering injection and cannot be avoided even if proper medical procedures are followed. Apsceses, for instance, are an example of such complications. However, from a legal standpoint, or more importance are complications arising out of improper conduct of personell administering injections, giving rise to damage compensation. Further elaboration deals with particular mistakes in administering injections that have been examined by courts and medical literature alike. Third part deals with damages that are inflicted to patient's health as a result of injections, or a particular way in which injections were administered. Damages resulting from administering injections are compared with the total amount of damages caused by medical services. According to estimation of some German authors, share of injection-related damages is as high as 22%. There is no doubt that among i.e. surgical damages, injection-related damages are on the second place. Especially common are damages resulting to intramuscular and intravenous injections, and this is reflected in litigations against medical practitioners and medical institutions. For instance, German courts have been in position to adjudicate such disputes on many occasions. Their experience suggests that such litigations are not easy, due to the fact that it is very hard to diferentiate between correct and incorrect procedures and one must engage in subtle analysis and asessment. Therefore, in the fourth part, author deals with particular cases which have arisen in the practice of the German courts.

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