Medical malpractice – what should we know about the doctor's liability?

What should we know about liability for medical malpractice?

When practicing their profession, doctors are also liable for any damages they cause as a result of their activities. Failure to fulfill their legal obligations is commonly referred to as medical malpractice.

Doctors may be subject to several different types of liability – criminal, administrative, and civil.

Criminal liability for medical malpractice is provided for the most serious violations, which are explicitly listed in the Criminal Code - causing the death of another person due to negligent performance of medical duties, performing an abortion by a doctor contrary to established medical standards or refusal of a doctor to help a person in need without a valid reason.

Administrative responsibility is expressed in sanctions that are implemented within the healthcare system and imposed by a competent authority provided for by law: reprimand, fine, withdrawal of medical rights and disciplinary sanctions such as a remark, warning for dismissal or disciplinary dismissal.

Civil liability Medical malpractice is the mechanism by which an injured party can obtain compensation for the doctor's wrongful actions. Civil liability can be contractual и tortious.

Contractual liability does not cover the non-material damages caused (pain, suffering, fear, stress, loss of trust), while in the case of tort liability means compensation is due for them as well.

How is this liability enforced?

The enforcement of all three types of liability may take place either by referring the matter to the court or the prosecution office, for engaging civil and criminal liability, or to one of the bodies that have the right to supervise compliance with healthcare legislation, such as the Executive Agency Medical Supervision and the Regional Health Centres.

To determine whether the doctor will be liable in contract or tort, it is important whether the patient has given their informed consent for the doctor to commit the given harmful act.

If such consent is given, the patient is not entitled to receive compensation for non-pecuniary damage suffered as a result of medical error. And vice versa - if the doctor acted without the patient's consent or without ensuring that his action would not harm the patient, and thereby caused harm to the patient, the patient is entitled to compensation not only for the costs incurred, but also for all pain, suffering and discomfort suffered, including lost benefits.

The tort liability of the doctor is established based on the damages caused and their causal connection with the doctor's actions. In addition, two legally relevant facts must be established - what exactly are the actions or inactions taken by the doctor и whether they comply with established medical standards.

What is the meaning of guilt in such cases?

The doctor's guilt is presumed until proven otherwise. The unlawfulness of the doctor's action or inaction is determined according to their compliance with the established medical standards, approved in accordance with the procedure of Art. 6, para. 1 of the Law on Medical Institutions and the Rules for Good Medical Practice, adopted and approved in accordance with the procedure of Art. 5, item 4 of the Law on Professional Organizations of Doctors and Dentists. 

Therefore, any deviation from established medical standards that resulted in harm to the patient falls within the scope of tort liability, as confirmed by the practice of the Supreme Court of Cassation.

It is important to note that in the event of medical error Doctors can be held liable for both actions and inactions..

For example, every doctor has an obligation to provide emergency assistance to a person in need, therefore, in the event of failure to provide emergency assistance, the injured party or their heirs may file a claim against the doctor who could have helped but did not, or against the medical facility in which the injured party was treated.

How can we assist you if you have suffered from medical malpractice?

1. We hold a meeting and you we consult about the possible protection options available to you.

2. We attempt to resolve the dispute amicably – we hold a meeting with the responsible person/company, where we try to negotiate the best terms for you. After your approval of the parameters of this agreement, we can proceed to signing it.

3. In case the dispute cannot be resolved, we will voluntarily file a civil lawsuit to claim the compensation due to you for medical malpractice. In addition to not owing us any fee in advance, we will also do everything possible to exempt you from paying court fees and expenses, if the prerequisites for this, as provided for by law, are present.

4. If there is a criminal case initiated in connection with the tort, we can also represent you in it. In this case, we can bring the claims that would otherwise be the subject of the initiated civil case referred to in point 2.

5. If the case/cases are successful, we file an enforcement case and represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.