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Дължимата грижа при оказване на медицинска помощ
Due Care in Medical Services

Author(s): Maria Sharkova
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Administrative Law
Published by: Сиела Норма АД
Keywords: due care; medical services; civil liability; good medical professional

Summary/Abstract: The right to health and the right to life are among the fundamental human rights. That is why affecting physical or mental integrity or causing death during the provision of medical assistance are susceptible and topical topics for society. The injured patient has the right to seek compensation for the damages caused to him while providing medical assistance by engaging in civil liability – tortious or contractual – of the medical specialists and (or) the medical facility. In civil law, due care is essential in justifying civil liability. The article examines the problems in defining due care in medical care and defines the concept of “care of a good medical professional”. The discussion aims to address the issues in doctrine and practice regarding the “good medical professional” criteria while proposing specific solutions. The article discusses the role of evidence-based medicine and the importance of protocols (algorithms).

  • Issue Year: 2024
  • Issue No: 1
  • Page Range: 33-63
  • Page Count: 31
  • Language: Bulgarian
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