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30 Med. & L. 39 (2011)
Medical Error in Ukraine

handle is hein.journals/mlv30 and id is 43 raw text is: Med Law (2011) 30:39-53 Medicine and Law CPROBOOK 2011 Medical Care MEDICAL ERROR IN UKRAINE Buleca Sibilla* Abstract: A medical error is conditioned in most cases by the absence of doctors' experience or by overvaluation of their knowledge and experience. It is necessary to conduct the proper control and set of events which will train them to feel the responsibility, to adhere to the standards of diagnostics and treatment, also to take into account the individual features of the flow of illness for patients. Keywords: Medical Error; Medical Care; Doctor; Patient; Responsibility 1. THE CONCEPT OF MEDICAL ERROR Life and health of a person are inseparable and inalienable rights, that is why encroachment on them must be acknowledged criminal not only when unfavorable consequences are present, but also when the certain danger to harm these blessings is created. In the process of analysis of this problem it is necessary to take into account its three important aspects: theoretical, legal and practical. Theoretical aspect allows us to set the meaning of medical errors in medical activity, and also to specify the basic ways to decline their number; legal - is supposed to find out the legal meaning of the concepts of defect of medical care and medical error, and also their place in the system of criminal and civil legal regulation. Practical analysis points out the role of the examined phenomena in the everyday activity of a doctor. Theoretical debates concerning the concept of medical error are still going on. In literature on law there is no unanimous point of view on qualification of doctor's (medical) error. In some cases an error is said to be the illegal actions of medical workers, which lead to infliction of harm to the health of patient, * State Higher Education Establishment, Uzhgorod National University, Uzhgorod, 88000, Kapitulna Street 26. sbuleca@gmail.com 39

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