ОДГОВОРНОСТ ЛЕКАРА ЗБОГ СМРТИ ПАЦИЈЕНТА ИЗАЗВАНЕ НЕХАТНИМ НЕЧИЊЕЊЕМ – ПОГЛЕД У НЕМАЧКУ ПРАВНУ ТЕОРИЈУ И СУДСКУ ПРАКСУ
DOCTORS’ LIABILITY FOR DEATH CAUSED BY NEGLIGENT OMISSION – A VIEW INTO GERMAN LEGAL THEORY AND JURISPRUDENCE

Summary/Abstract: Medical error may come about as an action or omission of a medical doctor, which is contrary to the medical standard of conduct, or duty of care. Irrespective of its form and shape, an error in itself does not necessarily lead to either civil or criminal liability. Liability may be established only if medical error resulted in death of a patient, or if it caused harm to patient’s health. This type of causation may not be legally presumed. The proof of causal link between medical error and death or harm to health is hard, as it is based on medical assumption of probability. The proof of causal link here boils down to the evidence of hypothetical causation. It reflects relation between the existent and the non-existent, and has nothing to do with the notion of causation in science and logic, but with the legal assessment, which allows the failure to prevent harm to be considered a cause of such harm.

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