However, consideration of medical malpractice should begin by defining the concept in question and indicating the actions or omissions of physicians that fall into the category of so-called medical errors. Medical malpractice must be seen as an unintentional violation of the rules of medical knowledge and art. The case-law defines the issue as “an action (inaction) of a doctor in the field of diagnosis and therapy, incompatible with medical science within the limits available to a doctor” (3).
A broader definition is: “medical negligence means the violation by a physician (knowing that he is taking medical measures) of the rules of professional conduct based on science and practice applicable in a particular case. in connection with legitimate benefits in the form of human life and health, which, in accordance with the law, are the basis for establishing a breach of the duty of care. “ (4) In the literature, you can find a difference between medical negligence and simple negligence or negligence. Medical negligence is defined as a violation of the rules
About medical knowledge and inattention as a behavior incompatible with an objective pattern of behavior. In practice, this distinction does not apply, as both cases violate the same due diligence provision of the Civil Code. Thus, the classification of the act is the same. According to the Civil Code (5), due diligence is mandatory for everyone, and professionals, including doctors, must follow a special due diligence regime.
Physicians are also required to act in accordance with current medical knowledge, ie knowledge of treatments that have been recognized, based on scientific research, as optimal solutions in terms of balancing the benefits and risks. … Based on current medical knowledge, teams of recognized experts develop medical standards that guide physicians on how to behave in a given situation.
These standards can be a criterion for the qualification of an action (inaction) by a doctor as incompatible with a civil duty to exercise diligence. Malpractice due to negligence may include, for example, confusion with the packaging of medicines and prescribing the wrong product to a patient or transfusion of the wrong blood group due to the fact that the relevant patient data have not been verified in medical records (6). An incorrect injection will also be considered negligence,
delay in providing the necessary assistance, refusing to sterilize instruments or performing an operation on a healthy organ (7). T7
medical records include a lack of a complete diagnosis, incorrect and incomplete medical records, a lack of clear communication of information to the patient, ignorance of unusual symptoms of the disease, or a lack of response to the symptoms of the disease (8). Abusive medical practices can be classified as diagnostic, therapeutic or predictive and relatively organizational.