Medical error and negligence as a premise of liability for damage caused to patients

Abstract

This article is devoted to the problem of compensation of damage caused to patients by medical personnel in connection with the provision of health services. It considers 2 situations: medical error and negligence? In legal construction of compensation for medical errors are caution and due diligence in action. The article analyses both concepts. It also refers to negligence in connection with the provision of health services. The development of medicine, respect for ethical standards, as well as patient rights, mean that the tendency towards and highest diligence when providing medical services is becoming more pronounced. The article emphasizes that a similar position is taken by the Court in Poland. The duty of due diligence results from the professional nature of the doctor’s actions. It is defined by the medical standards. In the author’s opinion, the concept of due diligence and caution in action can be used both for the assessment of medical error and for medical care characterized by negligence.