Објективна одговорност медицинских посленика за штету од опасних медицинских средстава – аргументи pro et contra
Strict Liability of Medical Workers for Damages by Medical Devices – Arguments pro et Contra

Summary/Abstract: The former Yugoslav law, as well as the law in all former Yugoslav republics, adopts the so-called open system of strict liability, so if the patient suffers damage due to dangerous medical device usage, medical workers, in general, may be held liable under the rules on liability for dangerous objects and dangerous activities. However, strict liability of medical workers was not affirmed in the Yugoslav law, because court practice that headed in that direction was stopped by a decision of the Federal Court of Yugoslavia. Current Croatian legal theory accepts the strict liability of medical workers, whilst the court practice is divided. Serbian legal theory is also divided, but a recent court decision grant ing the strict liability of the medical workers may be the jurisprudence U-turn. This paper analyses all arguments pro et contra regarding strict liability of medical workers and concludes that nearly all arguments are in favor of such liability.

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