Can a patient’s death go unpunished? Mediation with the deceased patient’s family in criminal cases involving a medical error
- Bek, Dominika
- Hanc, Jakub
DOIAbstract
A medical error resulting in a patient’s death is one of the most difficult experiences in the professional practice of medical personnel. A healthcare professional faces the suffering and grievances of the deceased patient's relatives and, at the same time, the prospect of legal liability including a criminal penalty and prohibition from practising a profession. This article attempts to address the issue of the necessity and usefulness of applying such far-reaching consequences in all cases of the patient's death caused through a fault attributable to a healthcare professional. It argues for the widest possible use of mediation in cases of medical error, in particular in criminal law cases. It focuses on reasonable expectations of the dece...
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