Author(s): Vladimir Miletić / Language(s): Serbian
Issue: 63/2018
In the area of protection and improvement of human health, it is of particular importance to provide legal, effective, correct, professional and timely medical assistance, performing other healthcare activities or providing medical assistance or care. In this way, a significant social function is achieved, as well as the protection of the protected Constitutional right on the inviolability of the physical and psychological integrity of a man. However, due to the medical activity undertaken by a doctor, i.e. by a physician or due to the medical activity undertaken by other relevant persons, for example, a nurse, etc., it is possible that the health of a person according to which the corresponding medical activity is undertaken is deteriorating. In the case of serious injuries of the duties of the physicians or other persons who practice other medical professions, e.g. The nurses or a gross violation of the rules of the profession resulting in more serious consequences for the health of another, then all modern criminal law legislations foresee criminal responsibility and punishability for a particular criminal offense – unacceptable medical assistance, i.e. medical malpractice. That is the case too, in the criminal law legislation of the states established on the territory of the former Socialists Federative Republic of Yugoslavia. In this paper, this criminal offence is analysed from the aspect of its general concept, motion, main characteristics, relevant features and forms of expression in the criminal law legislation of the states of the former Socialists Federative Republic Yugoslavia.
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