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- Title
Gondolatok az orvos büntetőjogi felelősségéről.
- Authors
László, Gál István
- Abstract
The objective of the study is to analyze medical malpractice from a criminal law point of view, including the delineation of diagnostic error and professional misconduct based on the Hungarian literature and the jurisprudence of the criminal courts, as well as the author's own practical experience as a defense lawyer. The material and method of the study is the analysis of judicial practice, including the relevant decisions of the Supreme Court and the lower courts, as well as the definition of the concept of diagnostic error based on the Hungarian literature. The most important results of the study include the definition of the current concept of diagnostic error (primarily from a criminal law point of view), the presentation of its objective and subjective causes, and the analysis of the role of diagnostic error in criminal proceedings initiated and ongoing on the suspicion of occupational reckless endangerment. The conclusions of the study are as follows: it is necessary to clearly differentiate between diagnostic error and professional misconduct. In the sense of criminal law, the first is not considered a negligent mistake and does not constitute a crime, and the latter, under other conditions, is suitable for the doctor to be held criminally liable by the court. Diagnostic error is also harmful and dangerous, and therefore should be avoided, but it falls outside the scope of criminally evaluated behavior. The study also examines the role of forensic medical experts in the criminal proceedings against medical doctors and points to their extremely important role in establishing criminal liability.
- Subjects
DIAGNOSTIC errors; EMPLOYEE misconduct; CRIMINAL procedure; PHYSICIANS; CRIMINAL courts
- Publication
Magyar Nőorvosok Lapja, 2023, Vol 86, Issue 4, p223
- ISSN
0025-021X
- Publication type
Article