LIABILITY INSURANCE FOR DAMAGE CAUSED BY MEDICAL ERROR AS A MODE OF LEGAL PROTECTION IN MEDICAL TREATMENT Cover Image

OSIGURANJE OD ODGOVORNOSTI ZA ŠTETU PRIČINJENU MEDICINSKOM GREŠKOM KAO NAČIN PRAVNE ZAŠTITE U POSTUPKU LIJEČENJA
LIABILITY INSURANCE FOR DAMAGE CAUSED BY MEDICAL ERROR AS A MODE OF LEGAL PROTECTION IN MEDICAL TREATMENT

Author(s): Smajo Šabić
Subject(s): Criminal Law, Health and medicine and law, Penal Policy
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: damage; basis of liability; harmful action; causality; due care; medical personnel; medical institutions; patient’s compensation right; liability insurance; compulsory insurance; voluntary insurance;

Summary/Abstract: The paper is devoted to research possible modes of legal protection through an insurance system for both, medical personnel who provides health services and for patients as the users of health care, with reference to the protection of medical personnel from civil liability for damages caused by medical errors. When it comes to liability insurance for damage caused by medical error, it is important to point out that, in insurance system, it presents one segment of legal protection from liability of medical personnel as members of so-called “intellectual professions”. Further in this paper, we were analyzing current mode of legal protection of medical personnel through the liability insurance of medical personnel in Bosnia and Herzegovina. We were also exploring and analyzing the existing modes of liability insurance for the other similar professional practice, such as the advocate and notary practice. In this paper, it is dedicated a special attention in finding acceptable modes of legal protection through the liability system insurance of medical institutions for damages caused in medical treatment, with reference to compulsory liability insurance as a mode of legal protection for damage liability.

  • Issue Year: 9/2016
  • Issue No: 17
  • Page Range: 335-357
  • Page Count: 23
  • Language: Bosnian