KAZNENO PROCESNI ČIMBENICI RAZJAŠNJAVANJA I DOKAZIVANJA MEDICINSKE GREŠKE I NESAVJESNOG LIJEČENJA
CRIMINAL PROCEDURE ASPECTS CLARIFICATIONS AND PROVING MEDICAL ERRORS AND NEGLIGENT TREATMENT

Summary/Abstract: Every human activity is subject to error, including in medicine. A mistake committed in a way that indicates a deviation from the rules of the medical profession, science and ethics, in cases where there is an obvious lack of caution and professionalism and due diligence, constitutes a criminal offense. Prosecution of healthcare workers for criminal offenses committed by medical error or medical malpractice is not a common occurrence in Bosnia and Herzegovina, although there are no officially relevant statistical data on this. However, if we follow European and world trends, it is reasonable to expect that in the near future the number of reports, investigations and indictments brought against healthcare workers will increase, and thus the probability of the number of prosecutions. This paper analyzes the characteristics of certain criminal offenses committed by medical error, with a special emphasis on the criminal offense of medical malpractice, its basic elements, form of guilt, criminal procedural aspects of clarifying and proving medical error as a whole. The purpose and goal of the work is to point out the importance of criminal and criminal procedural measures and actions when clarifying and proving the cause-and-effect relationship between medical error, negligent treatment, worsening health condition or death of the patient. In connection with the above, the intention is to remove certain dilemmas that often arise in practice when it comes to the act of committing these criminal acts.

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