| Abstract [eng] |
This master 's thesis aims to review the legal regulation of a doctor' s professional activity and to reveal the peculiarities of becoming a subject of a criminal offense. The thesis aims is to present the concept of medical errors, to analyze the conditions under which doctors are prosecuted for mistakes made in their professional activities, and to discuss in detail the possible forms of guilt. Thesis also aims to assess the significance of special knowledge in the application of criminal liability of doctors and to discuss alternatives to the application of criminal liability to a doctor. Medical errors that are considered undesirable may occur in the doctor's practice, but these are avoidable medical events. Research emphasizes that negligent actions must be distinguished from honest mistakes. In addition, it is often unclear to what extent harm to a patient due to a medical error is related to negligence, so it is important to distinguish between injury caused by a particular treatment and injury caused by the patient’s illness itself. Negligent actions are avoidable, harmful errors that do not meet the standard expected of a reasonably observant and knowledgeable professional in a similar situation. Accordingly, it is considered that honest errors should not lead to criminal liability. The guilt of doctors is assessed according to stricter criteria than those of other professions, and even the mildest form of guilt can cause the liability of a doctor. The doctor's actions are considered to be intentional if they act illegally and seek to harm the patient's health. Indirect intent in the doctor's activity is revealed through the volitional content - the consequences are unwanted and unintended, but dangerous behavior is not changed or stopped, nor is it thought to avoid negative consequences. The distinction between forms of guilt (indirect intent and criminal trust) is specific and is based on the doctor's perception of the occurrence of adverse effects. In the form of guilt, criminal negligence manifests itself in objective (predictability) and subjective (foreseeability) criteria. |
