The doctor’s responsibility is only a culpable mistake and, in principle, it is first determined the existence of an error and then it is determined whether there was also a subjective error. According to the Supreme Court guidelines: “the definition of medical negligence depends on the answer to the question whether the doctor is acting in a certain situation and takes into account all the circumstances that exist during the procedure and, in particular, these data. , which it had or could have at its disposal at the time, met the requirements of modern medical knowledge and science, as well as generally accepted medical practice ‘(12).
A patient who has become the victim of a medical error has the opportunity to file a claim for compensation, both in accordance with criminal and civil law. The conditions that must be combined to hold a doctor accountable are the following:
- negative consequences for the health or life of the patient specified in the provisions of the criminal law (bodily injury leading to death) – in proceedings criminal;
- negative consequences in the form of material or intangible damages (injury) – in civil proceedings;
- a causal relationship between an error and negative consequences;
- the fault of the person performing the procedure.
A doctor may also have professional responsibilities. The purpose of such a procedure is to determine whether the professional misconduct was committed, who committed it and when, while the negative consequences are not a condition of liability. A guilty offense is sufficient for conviction. Processes are conducted by the District Professional Responsibility Ombudsman of the Regional Medical Chamber of which the physician is a member and then by the relevant District Medical Court (OSL).