SPECYFIKA OBIEKTYWNEGO PRZYPISANIA SKUTKU POWSTAŁEGO W WYNIKU WSPÓŁDZIAŁANIA W ZESPOLE MEDYCZNYM
SPECIFICATION OF THE OBJECTIVE IMPUTATION OF THE EFFECT CAUSED WHEN COOPERATING WITHIN A MEDICAL TEAM

Summary/Abstract: Background: The objective imputation of effect on the life and health of a patient resulting from the cooperation of several medical workers. Research purpose: Indication of the possibilities and methods of applying the construction of the so-called negative premises for attributing an effect in medical cases, in particular the formulation of suggestions as to the chronology of the criminal law evaluation process with their use in the case of a plurality of potential perpetrators. Methods: The dominant research method was the formal-dogmatic method (the analysis of legal status, literature, and doctrine), with elements of the empirical method (the analysis of court decisions) and the historical method (the analysis of the evolution of the problem over time). Conclusions: The application of the so-called negative premises for attributing an effect in medical cases responds to the need to rationalize the scope of responsibility for the perpetration of an act characterized by an effect committed in a constellation of at least several people. It allows for its moderation from the stage of examining the criminality of the act, and not at the level of the social harmfulness of the act or guilt. Nevertheless, the concept of the so-called negative premises for objective imputation requires further research leading to their specification, allowing for possible normative reflection about them, which could consequently contribute to the unification of legal assessments in the discussed area.

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