Criminal aspects of medical errors
Criminal aspects of medical errors

Summary/Abstract: In this paper, we focus on the importance and role of criminal law in sanctioning medical errors. Bearing in mind that criminal acts are the result of irresponsible, inappropriate or insufficiently careful behaviour of medical staff during the treatment, there are difficulties in proving them in criminal proceedings. Due to the complex causality and sensitiveness of this problem, there is a need for a detailed analysis of the relevant provisions of the Serbian Criminal Code. In this regard, our goal is a comprehensive review and assessment of the quality and efficiency of current legislative solutions. The court practice in the matter was also the subject of the analyses, so we tried to identify points of disagreement in the court’s interpretation of legal provisions. Subjective elements of the legal definition of the basic form of the offence are particularly examined. We concluded the paper with recommendations for the improvement of legal solutions de lege ferenda.

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