ЛЕКАРСКА ГРЕШКА - ТЕРЕТ ДОКАЗИВАЊА У ПАРНИЧНОМ ПОСТУПКУ
DOCTOR’S ERROR - THE BURDEN OF PROOF IN A CIVIL PROCEEDING
Author(s): Dragana MarčetićSubject(s): Law, Constitution, Jurisprudence, Civil Law, Health and medicine and law, Court case
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: medical error; material compensation; the burden of proof; code of practice; informed consent;
Summary/Abstract: This article discusses the concept of medical errors, give up some of the most important features of lawsuits for damages resulting from medical errors, the author presents classification of the errors according to various criteria, as well as the most important division sets classification on: 1) medical errors in the strict sense, which involves doctor’s acts against the rules of the medical profession and 2) medical errors in a wider sense as a violation of patient rights to informed consent. This classification is also important because the burden of proof, depending on the type of mistakes in civil proceedings. As a contribution to their conclusions, the author presents recent case law in the Republic of Serbia regarding this issue
Journal: Српска правна мисао
- Issue Year: 2011
- Issue No: 44
- Page Range: 209-223
- Page Count: 15
- Language: Serbian
