ЛЕКАРСКА ГРЕШКА КАО РАЗЛОГ НАКНАДЕ НЕМАТЕРИЈАЛНЕ ШТЕТЕ
MEDICAL ERROR AS А REASON FOR COMPENSATION OF NONPECUNIARY DAMAGE

Summary/Abstract: The frequency of medical errors and an increase in the number of litigations for damage indemnity originated as a consequence of those errors, affected positively on the interest of lawyers, doctors, and economists for this area. Medical error is not by itself the basis for liability, but it becomes that if it has consequences. Next to medical liability, the liability of treatment associates and liability of the institution in which an error had been made are assessed. The main reason for the doctor’s liability is determined due to omissions in work, improper or missing information of patients. Modern legislation and legal practice defined medical error as performing medical intervention without the consent of the patient. The fact that the resulting errors absorb a significant amount of resources for remediation of consequences resulted from medical errors and the damage indemnity, points to the significance of the economic aspect of this question, and the necessity of application of different strategies so that the number of errors would decrease, and therefore the costs of their consequences. Errors are inherent in all areas of human action, but because of the nature of the work and the susceptibility of people to health injuries and the endangerment of life, the question of medical errors is particularly sensitive. For the injuries resulted from medical error, the injured can claim material and non-material damage indemnity. The analysis of this paper points to the necessity of a more adequate comprehension of the medical error problem, the need for more efficient liability determination, the significance of educating lawyers about assessing doctor’s liability, and the effect of medical errors on individual and social well-being.

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