Naslov
Independence and impartiality of expert witnesses in proceedings damages for medical negligence in the light of practice of European Court of Human Rights

Autori
Mišić Radanović, Nina

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
31st International Scientific Conference on Economic and Social Development - “Legal Challenges of Modern World”, / - , 2018, 358-369

Skup
31st International Scientific Conference on Economic and Social Development: "Legal Challenges of Modern World"

Mjesto i datum
Split, Hrvatska, 07.06.2018. - 08.06.2018

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
damage compensation, effective investigation, expert witnesses, fair trial, medical negligence

Sažetak
Case law of the European Court of Human Rights (ECHR) is a significant source of legal responsibility for medical personnel. Pursuant to the Convention on the Protection of Human Rights and Fundamental Freedoms, the State has a duty to ensure the proper implementation of the legislative and administrative framework established for the protection of the rights of the patient and must also ensure responsibility for negligence in the field of health care. States have a positive obligation to adopt regulations that oblige public and private health institutions to adopt appropriate measures to protect the life and physical integrity of their patients and also must provide victims of medical negligence with access to compensation procedures. Thus, states must provide patients with an effective and independent judicial system (criminal/civil) for compensation for damage due to negligent treatment. The responsibility for a medical error can only be determined by the court with the aid of independent and impartial opinions of medical experts. As the expert witnesses of the medical profession are at the same time part of the same public health system, the issue of their impartiality and independence and the existence of appropriate procedural guarantees in domestic law is raised. Especially due to complaints that the concept of medical errors and medical negligence is not appropriately defined in the Croatian legal system and a number of difficulties in determining whether an action/omission of health workers caused harmful consequences for the patient (death, bodily injury or impairment of health). Therefore, one of the important standards of fair trial is to provide formal and factual independence and impartiality of expertise that play a key role in assessing the very complex issues of non-cure treatment. The standards expressed in the decisions of the ECHR require an independent judicial system to ensure adequate compensation in criminal and/or civil proceedings which must be effective in practice and be carried out without undue delay.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA