Medical Law

Medical Law

Summarily defined as the social rules regarding the medical services subject to sanction by government, the medical law covers organisation, governance and financing of medical services, which bodies are authorised for provision of medical services, and the nature of medical duties and responsibilities.

The relationship between doctors and their patients is founded on a trusts based proxy contract. In such a contractual relation the doctor undertakes to work towards benefit of the patient, in accord with the will of the patient, without any time limit, acting freely up to a limit, with the risk belonging to the patient. Since the doctor (as the ancillary practiser) uses the facilities provided by the medical institution they work for in scope of the contractual obligations they fulfil the said institution, e.g. the hospital, (as the practiser) is also included in the obligation relationship alongside the patient and the doctor.

Malpractice, defined as emergence of an effect detrimental to the patient due to failure of a specialised doctor to show necessary care and attention in accord with professional rules in their practice of medical services or summarily as bad medical practice, covers two types of liability for the doctor; legal and criminal. The actions committed by the doctor against the patient must be congruent with the types of crime defined under criminal law in order to criminal liability to rise. However, if there is no violation of law in actions of the doctors, criminal liability cannot be in question for the doctor. In case of damage claims in legal liability, firstly as assessment in scope of administrative law or private law should be conducted in regard of the relationship between the doctor and the medical institution. This, of course, will cause some differences in application of law.

In order to ensure full compliance with law, prerequisites include the doctor informing the patient regarding the medical intervention, risks and complications and obtaining the patient's approval, also taking the age and status of the patient into account, or if it is not possible to obtain the patient's approval at least the approval being deemed as given in accord with the principle of protection of legal benefit of the patient by the medical intervention.

We provide our clients with result oriented legal support with our attorneys specialised in medical law acting as attorneys in law and legal counsellors in regard of lawsuits in and against favour of our clients in order to conclude proceedings in the shortest possible time and in the most effective manner, including claims and defences under malpractice damage claim suits and full judicial proceedings.

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