Category Archives: Legal Observations

Medical negligence in the context of the modern lifestyle

patient-doctor-relationshipsHealth, life and capacity for work are the values on which the family and social well-being of each modern person is built. A person’s health is the capital, which every successful person is trying to maintain it at a high level throughout life. The foreign and domestic researches are showing that the risk of dying from medical malpractice, medical negligence or medical errors is the tens and hundreds of times higher than the one in car accidents, air crashes and etc. (more…)

Clinical negligence in a broader context

medical-negligenceHistorians still argue about the authorship of the ‘Errare humanum est’ (Humans tend to make mistakes) expression, which later became winged. Some believe that it was first uttered in the V century BC by Greek poet Euripides. Others argue that Cicero, who once said, ‘To err is human, but the one persisting in errors is a fool’; another popular remark mentions the doctors of antiquity, who used to say that medicine is the history of human errors.
Talking about human mistakes and errors is difficult, especially when it comes to health care services. Nevertheless, there is no sphere of activity, where the issue has been studied as thoroughly as in medicine. This is due to the fact that the consequences of the doctor’s mistake are especially serious and may lead to a disability or even death. (more…)

Medical negligence challenges and legal practice around the globe

solicitor-claim-clinicIn judicial practice the number of cases when the clinic is also held liable for the acts of one of its employees is slowly, but gradually increasing. The situation becomes more complicated if a medical error occurred after, for example, the physician sent a patient for further treatment to other specialists. If the damage is caused by employee of the clinic, the patient can use several options to protect their violated rights: to file a claim against a particular individual (a physician), by the virtue of efforts of which, in his opinion, the damage was made; against the clinic or against both, attracting clinic as a respondent. In practice, a better part of claims is brought against the health institutions (clinics). Importantly, an institution’s (clinic) responsibilities include: providing medical care for patients and being liable for the negligence of its employees. (more…)