ODGOVORNOST ZA ŠTETU OD LEKOVA

Abstract

The use of medicines implies a risk of damage to the patient. The danger of the use of a drug may be of a different nature, considering a chemical nature of the medical product, which also determines its pharmacological effect, thus disabling completely safe use of the drug. In fact, one should bear in mind the ambivalent effect of a drug which, besides therapeutic characteristic, has accompanying adverse effects on the health of the user, which is the risk one must count on. The institute of liability for damage (the responsible persons, the legal nature of the responsibility) is of particular importance for Serbian medical law, bearing in mind that it is not specifically regulated in the law. Further, this issue is complicated due to the fact that the implementation of the medical treatment involves a large number of persons: the doctor who prescribes the medicine, the drug manufacturer who issues the medicine, and the pharmacist who sells the drug. That is the reason why the liability for the damage using medicine, deserves special attention in the legal doctrine.