Medical Error and Culpability Cover Image

Ljekarska greška i krivica
Medical Error and Culpability

Author(s): Emina Mešić
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Health and medicine and law, Sociology of Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: health; medical error; patient;

Summary/Abstract: Crimes against human health are primarily directed at the preservation of human health. By prescribing certain behaviours within the scope of providing health care as criminal offenses, the legislator wanted to protect the patient’s physical integrity. Although, due to the nature of the protected property (physical integrity), these crimes can be considered as criminal offenses against life and body. However, it is important to emphasize their specificity and distinction that result from the special characteristics of the perpetrator of a criminal offense against human health. While criminal offenses against life and body may, in principle, be committed by any person, certain criminal offenses belonging to a group of criminal offenses against human health can only be committed by a perpetrator with special characteristics (e.g. a doctor or a healthcare worker), respectively, these are considered as specific criminal offenses delicta propria.

  • Issue Year: 11/2018
  • Issue No: 22
  • Page Range: 151-179
  • Page Count: 29
  • Language: Bosnian