Knowingly and voluntarily entrusting health and life, the most expensive things people have, to doctors, patients are quite entitled to expect a sincere desire to help of doctor to get rid of suffering through his professional skills and knowledge and high moral character traits. Being aware of the unity of the human body as a highly complex biological systems a proven professional is aiming at eliminating functional and organic disorders of organs and systems. The nature of relations between the physician and the patient in modern society is regulated not only by the principles of ethics and deontology, but also subjected to certain standards described in the essential documents (e.g. civil or criminal code). In this situation, it is important to distinguish the concept of ‘professional error’ from the concept of ‘professional misconduct’ in health workers. The tricky cases that contribute to thousands of lethal outcomes in the UK has given birth to a legal area – according to medical negligence solicitors industry experts, the niche has increased in its size by 12% against the background of 2013.
From a legal point of view, despite the presence of a huge number of cases of medical errors in medical practice, the term ‘medical error’ in the legal sense, is unfolded and locked in a legal document not in its entirety. It suggests another concept – ‘inadequate medical care’, pointing out that in the medical literature there is no less than sixty-five intermediate definitions of concepts describing a medical error. (more…)