POTREBA I OPRAVDANOST KRIVIČNOPRAVNOG REAGOVANjA NA LEKARSKU GREŠKU

Abstract

Since their job is to protect the most important human goods - life and health, doctors often carry the epithet "gods in white". Because of this, it is considered that they cannot make a mistake in the performance of their activity. This understanding, of course, cannot be correct. Necessary for the process of learning and improvement, mistakes are an indispensable part of every human work, including medical work. Although they occur in the performance of every activity, certain errors are more serious than others in terms of their consequences, and society reacts especially negatively when it comes to mistakes that can endanger life and health. In this paper, the author analyses the need and justification of criminal law response to medical error. In the first part of the paper, the author defines medical error, shows its distribution and consequences, and then deals with the controversial issue of the criminal liability of doctors due to medical error. In the central part of the paper, the author deals with the criminal offense of negligent provision of medical assistance, analyzing the provisions of the Criminal Code of Serbia, while giving concluding remarks on this topic.