ОДГОВОРНОСТ ЗА ШТЕТУ УЗРОКОВАНУ ОПЕРАЦИЈОМ КОЈУ JE ОБАВИО ЛЕКАР НА СПЕЦИЈАЛИЗАЦИЈИ
LIABILITY FOR DAMAGE CAUSED BY SURGERY DONE BY A PHYSICIAN ON A SPECIALIST TRAINING

Summary/Abstract: First elaborated in the present article are the conditions of legitimacy of a surgery applied to man: medical indication, patient’s consent, and acting according to the rules of profession and with due care. The risk of surgery and terms and conditions of liability are further elaborated in case such risk has materialized. Central part of the article is dedicated to the position of a physician on a specialist training, and more particularly in the field of surgery. Such physician usually works under supervision of another, only to continue after a time independently. The issue of civil liability for fault of an inadequately trained trainee is treated, due to his performing the surgery independently. The author considers that first to be liable is the medical institution in which the surgery' has been done, since its liability is analogous to that for its assistants, although the trainee is not employed by such institution. The medical institution may escape liability only after proving that at issue was the surgery risk which could not have been avoided, namely, that the damage would have been done even after the surgery has been performed by a specialist in the field. There exists concurring liability of the physician on the specialist training too, after establishing that his action may be termed as wrongful one. However, he is not liable for performing the surgery' but rather for accepting to do it, although knowing, or supposedly knowing under the circumstances, that he was not up to the task. As a rule, his liability is of a solidary nature (jointly with the medical institution). He is also entitled to redress in case of paying damages himself - against the medical institution, although, if the damage is more due to his action - his liability is in proportion to that fact.

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