Објективна одговорност за штету проузроковану пацијентима применом медицинских средстава
Strict Liability for Damage Caused to Patients by Means of Medical Devices

Summary/Abstract: The modern medicine is based on the day-to-day use of various medical devices. However, their use is neither entirely reliable, nor completely harmless, because devices may jeopardize the patient due to improper functioning. Since the majority of damages are the result of various medical errors of medical staff, their liability is based on culpa. However, given that many medical devices do have a character of dangerous object or dangerous activity, the authors discuss the possibility of establishing a strict liability regime for medical workers when damage is caused to the patient by a medical device or treatment. The paper examines the so-called closed system of strict liability in German law and French “open” system as well as former Yugoslav law and current Croatian and Serbian law.

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