Medical (doctor’s) error: concept and causes of its occurrence
The concept of “medical (doctor’s) error” is analysed from the doctrinal standpoint. The existing approaches (legal and medical) to defining the legal nature of a medical (doctor’s) error have been considered. It has been argued that this topic is of great theoretical and practical importance, since...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2023-07-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/602 |
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| author | K. O. Skrynnikova |
| author_facet | K. O. Skrynnikova |
| author_sort | K. O. Skrynnikova |
| collection | DOAJ |
| description | The concept of “medical (doctor’s) error” is analysed from the doctrinal standpoint. The existing approaches (legal and medical) to defining the legal nature of a medical (doctor’s) error have been considered. It has been argued that this topic is of great theoretical and practical importance, since errors and negligence of doctors and medical staff can cause irreparable harm to patients' health or lead to death. The problem is complex, because it requires both medical and legal knowledge, and is related to the most important and difficult issue of qualifying certain acts. It has been concluded that the term “medical (doctor’s) error” is the most appropriate one, but it is absent in Ukrainian legislation. It has been proposed to introduce appropriate amendments to the legislation in the field of medicine and to enshrine the concept of “medical (doctor’s) error”, types and causes of its occurrence legally. The main characteristics of the category of medical (doctor's) error have been substantiated, and its content has been defined.
The reasons for the occurrence of medical errors have been analysed. The subjective and objective reasons that influence the actions (inaction) of doctors and medical professionals have been identified. The classification of medical (doctor’s) error according to various criteria has been studied. Certain types of such errors are identified, in particular: diagnostic; therapeutic and tactical; technical; organisational; deontological.
A legal assessment of a medical (doctor’s) error as one of the possible grounds for civil liability has been provided. It has been substantiated that the liability of a doctor and medical staff depends on the presence of fault in their actions and the qualification of the negative result of medical care. In addition, scientifically grounded proposals and recommendations for improving the civil legislation of Ukraine in the field of medical activity have been provided. |
| format | Article |
| id | doaj-art-d93b308c7fc4434f85b950dd53b65e4f |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2023-07-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-d93b308c7fc4434f85b950dd53b65e4f2025-02-03T02:47:49ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2023-07-011012 (Part 2)425410.32631/v.2023.2.36602Medical (doctor’s) error: concept and causes of its occurrenceK. O. Skrynnikova0Kharkiv National University of Internal AffairsThe concept of “medical (doctor’s) error” is analysed from the doctrinal standpoint. The existing approaches (legal and medical) to defining the legal nature of a medical (doctor’s) error have been considered. It has been argued that this topic is of great theoretical and practical importance, since errors and negligence of doctors and medical staff can cause irreparable harm to patients' health or lead to death. The problem is complex, because it requires both medical and legal knowledge, and is related to the most important and difficult issue of qualifying certain acts. It has been concluded that the term “medical (doctor’s) error” is the most appropriate one, but it is absent in Ukrainian legislation. It has been proposed to introduce appropriate amendments to the legislation in the field of medicine and to enshrine the concept of “medical (doctor’s) error”, types and causes of its occurrence legally. The main characteristics of the category of medical (doctor's) error have been substantiated, and its content has been defined. The reasons for the occurrence of medical errors have been analysed. The subjective and objective reasons that influence the actions (inaction) of doctors and medical professionals have been identified. The classification of medical (doctor’s) error according to various criteria has been studied. Certain types of such errors are identified, in particular: diagnostic; therapeutic and tactical; technical; organisational; deontological. A legal assessment of a medical (doctor’s) error as one of the possible grounds for civil liability has been provided. It has been substantiated that the liability of a doctor and medical staff depends on the presence of fault in their actions and the qualification of the negative result of medical care. In addition, scientifically grounded proposals and recommendations for improving the civil legislation of Ukraine in the field of medical activity have been provided.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/602errormedical (doctor’s) errorsubjective reasonsobjective reasonspatientdoctormedical staff. |
| spellingShingle | K. O. Skrynnikova Medical (doctor’s) error: concept and causes of its occurrence Bulletin of Kharkiv National University of Internal Affairs error medical (doctor’s) error subjective reasons objective reasons patient doctor medical staff. |
| title | Medical (doctor’s) error: concept and causes of its occurrence |
| title_full | Medical (doctor’s) error: concept and causes of its occurrence |
| title_fullStr | Medical (doctor’s) error: concept and causes of its occurrence |
| title_full_unstemmed | Medical (doctor’s) error: concept and causes of its occurrence |
| title_short | Medical (doctor’s) error: concept and causes of its occurrence |
| title_sort | medical doctor s error concept and causes of its occurrence |
| topic | error medical (doctor’s) error subjective reasons objective reasons patient doctor medical staff. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/602 |
| work_keys_str_mv | AT koskrynnikova medicaldoctorserrorconceptandcausesofitsoccurrence |