Justified Damage in Healthcare – Concept, Scope, and Criteria

    Activity: Talk or presentation typesOral presentation


    Despite widespread legal enforcement of quality standarts and patient safety principles, zero harm is still a goal in modern healthcare. In medical liability cases it is pivotal to establish the delinquent damage, and fault or wrongfulness of the healthcare professional. The authors aim to establish the scope of the justified damage in healthcare. . The authors analyze the issue of damage in healthcare from the civil and criminal law perspective and define the juridical criteria of justified damage. . The criteria of the justified damage are:
    The professional-patient relationship were established (contractual or enforced by law);The professional did not commit a wrongdoing (and, therefore, has no wrongfulness) either crime (i.e., has no fault); The damage flowed from the treatment procedures - unfavorable events are an inevitable part of the any healthcare intervention (e.g., paralysis after polio vaccine, cardiopulmonary resuscitation and rib fractures). The patient, by consenting (and learning the summary of the product), aссepts the risk (naturally, the professional is obliged to address and prevent it within fiduciary obligations, duty of care and duty to warn). As a part of the contract such damage is not delict.
    Civilistic aspects that exclude wrongfulness:
    The professional performed as an honest and careful manager. Events that go beyond such pater familias care are "accidental" or outside the scope of wrongfulness, that excludes civil liability. The duty of candour testifies the honesty and carefulness of the professional.Excuses - accidental loss, force majeure, gross negligence of the plaintiff/contributory negligence;Indirect loss.
    Circumstances that exclude or mitigate criminal liability:
    Circumstances excluding criminal liability;Innocent harm infliction. . The assessment of the subjective side of the defendant and establishing the causality of the damage is central. In the case of candour the need for leniency application is straightforward.
    Period29 Mar 2023
    Event titleRSU Research week 2023: PLACES
    Event typeConference
    Conference number3
    OrganiserRīga Stradiņš University
    LocationRīga, LatviaShow on map
    Degree of RecognitionInternational