MEDICAL MISTAKE AS A REASON FOR COMPENSATION OF IMMORTAL DAMAGE

Abstract

The frequency of medical errors and the increase in the number of disputes for damages caused as a result of those errors have influenced the increased interest of lawyers, doctors, and economists in this area. Medical error in itself is not a basis for liability, but it becomes so if the consequences caused by it arise. In addition to the responsibility of the doctor, the responsibility of the collaborators in the treatment is determined, as well as the responsibility of the institution where the mistake was made. The main reason for the doctor's liability is determined due to negligence in work, improper or missing information of patients. Modern legislation and judicial practice consider performing a medical intervention without the patient's consent to be a medical error. The fact that the resulting errors absorb significant resources for remediating the consequences of medical errors and compensation for damages in court proceedings indicates the importance of the economic aspect of this issue, but also the necessity of implementing strategies in order to reduce the number of errors, and thus the costs they cause. Mistakes are inherent in all areas of human activity, but due to the nature of work and people's sensitivity to health injuries and endangering lives, the issue of medical workers' mistakes is particularly sensitive. For injuries caused by medical error, the injured may demand compensation for material and non-material damages.