Problem vzročnosti pri kaznivih dejanjih v medicini

slovenian

2014

volume 40, issue 6/7

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

There are cases in the court where experts are not able to give clear answers or evade answering by referring to scientific uncertainty. The court, however, has no such resort, it must decide. In medical negligence cases limitations of scientific knowledge are still extensive, mostly there will be a problem with uncertain causation. Was it the doctor's failure that caused the death of the patient? Or perhaps the patient would have died anyway, even if the doctor did everything right? The author elaborates cases, where there is no doubt that the doctor made a mistake, however, even with proper treatment the death of the patient cannot be excluded. He confronts two main approaches, known from case-law and scholarly literature: in dubio pro reo principle and increase of risk (loss of chance) principle. Pros and cons of both approaches are elaborated.

19.01.2017