Medical science in itself poses a risk to whoever serves it, because there is always the possibility that things will not come as we wish. The question is whether the doctor is responsible for the unfortunate outcome of things. Sometimes the doctor’s responsibility is obvious when, for example, when performing surgery, forget a medical tool on the patient’s body. Most of the time, however, it is difficult to establish whether there has been a medical error. In these cases, the court examines whether the doctor acted in accordance with the rules of medical science (lege artis) and with the due diligence that an average professional medical practitioner has to show.
Some examples of medical errors are:
- Medical Error in Surgery
- Not achieving a desired result
- Inappropriate treatment
- Side effects of medical treatment (aesthetic interventions, artificial insemination, purely medical interventions)
- Liability of EACS, ambulance, hospital for delays
It should be noted that State liability may be incurred in cases of medical errors occurring in public hospitals / health centers.
This is the so-called Civil Liability of the State for any act or omission of its organs, capable of causing an accident, according to Articles 105-106 of the INNAK. If it is judged that the act or omission of the State bodies has contributed to the accident and thus to the occurrence of the damage, we can claim compensation from the State before the competent Administrative Courts.