文章基本信息

标题：Limits of negligent responsibility for medical malpractice
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作者：Mrčela, Marin ; Vuletić, Igor
期刊名称：Collected papers of the faculy of law in Split
印刷版ISSN：0584-9063
电子版ISSN：1874-0459
出版年度：2017
卷号：54
期号：3
页码：685-704
语种：Croatian
出版社：Pravni fakultet Sveučilišta u Splitu
摘要：Criminal offence of medical malpractice is one of core medical criminal offences. Protected object is health of patients. Application of inadequate methods in health treatment can have severe consequences for patient’s health, even death. Croatian jurisprudence is familiar with such cases. However, Croatian literature until now did not deal with this sensitive area of criminal law. Scope and limits of responsibility for negligent form of medical malpractice can cause doubts in court’s practice when deciding about criminal liability. This paper is dedicated to this topic. After presentation of main characteristics of this criminal offence, the authors are making an effort to establish criteria for estimation of negligence in case of medical malpractice. They are testing their thesis on one very complicated case from recent Croatian jurisprudence.
关键词：negligence; aware; unaware; causality; interruption of causality; inattention; consequence; expertise; ommision