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Liječnička pogreška i komplikacija u hitnoj medicini

Cuculić, Dražen; Stemberga, Valter; Petaros, Anja; Šoša, Ivan
Liječnička pogreška i komplikacija u hitnoj medicini // XVIII. Congress of the Croatian Association of EMS Providers with International Participation - Book of Lectures and Abstracts
Selce, 2014. str. 41-42 (predavanje, nije recenziran, sažetak, stručni)

Liječnička pogreška i komplikacija u hitnoj medicini
(Medical Malpractice and Complications in Emergency Medicine)

Cuculić, Dražen ; Stemberga, Valter ; Petaros, Anja ; Šoša, Ivan

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, stručni

XVIII. Congress of the Croatian Association of EMS Providers with International Participation - Book of Lectures and Abstracts / - Selce, 2014, 41-42

XVIII. Congress of the Croatian Association of EMS Providers with International Participation

Mjesto i datum
Selce, Hrvatska, 02. – 05. 10. 2014

Vrsta sudjelovanja

Vrsta recenzije
Nije recenziran

Ključne riječi
Hitna medicina; nesavjesno liječenje
(Emergency medicine; medical malpractice)

Introduction: The professional responsibility of doctors may be viewed as criminal or civil justice cause ; it may be treated as misdemeanour or matter of professional discipline. Civil and criminal obligations of doctors are determined by the courts of Law under the provisions of the Croatian Criminal Law, where the essential in the evidentiary role belongs to the expertise. Its primary task is to distinguish whether the impairment of health is the harmful consequence of a disease and its complications or a consequence of medical negligance. The aims and purpose: Since the new regulations of the Croatian Criminal Law updated to be more in line with the legislature of the EU as for the January, 1st 2013, the purpose of this paper is to familiarise emergency medicine physicians with code of practice regulating the offenses against public health. Lack of medical care and malpractice, in particular. Malpractice may lead into worsening of disease or furthering of health impairment, specifically due to disobedience of the rules and measures of prevention or protection, application of clearly improper means or modes of treatment ; obviously negligent treatment in general including misdiagnosis leading to the occurrence of adverse effects (causal relationship). Unexpected "adverse event" in a preventive, diagnostic, therapeutic or rehabilitative process may be due to the inevitable course of illness or injury, unforeseen complications, failures in medical treatment and deficiencies in medical devices, equipment, drugs or organized medical care. Adverse outcome of treatment may be "fatal event" due to age and deterioration of the body, failure of vital functions due to serious illness or injury, or serious dysfunction of vital organs prior and life mechanisms. Medical error and complications are unrecognized terms in both criminal and civil law. Legal profession calls a complication "fated course of the disease": the not deliberate consequence (damage) for a patient was not caused by doctor's blunder. If an existing error does not lead to adverse consequences for the patient, then there is no criminal or civil liability of doctors. Hence, the adverse effects or outcome of treatment may have the following epilogue: 1. Consequence of complications (including risks of conservative treatment and invasive procedures): no accountability for a physician, nor the patient has a right for compensation ; 2. the result of doctors errors: a) the result of special circumstances during the medical procedure, that could not be influenced by the doctor- no accountability, the patient is not entitled to indemnification ; b) harmful consequence is the responsibility of the physician (no criminal responsibility), but the patient has a right to compensation and 3. obviously negligent treatment- there is doctor's criminal responsibility, and the patient is entitled of indemnification. Discussion 1 Conclusions: using an overview and commenting some of the examples from legal practice we aim to give to emergency medicine physicians a closer look into a complex topic of interdisciplinary and forensic expertises in Croatian contemporary jurisprudence. Keywords: emergency care, medical malpractice, error, complications

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