MEDICAL MALPRACTICE – LEGAL ASPECTS IN BULGARIA
In this article, we will briefly examine the legal aspects of medical malpractice in Bulgaria.
The medical profession is one of the most noble and socially significant professions. Human life has no price and the significance of the medical profession has always been and always will be high. At the same time, medical activity is high-risk and it is quite natural to make mistakes. These mistakes can sometimes have fatal consequences and mark the lives of patients and their families for life.
MEDICAL MALPRACTICE – What it is according to the law?
From a legal point of view, medical malpractice is the performance of a legally regulated activity – the medical profession, under conditions of ignorance or negligent performance, which results in harm to the patient. Medical error has two aspects – criminal and civil.
CRIMINAL ASPECT
The criminal aspect of medical error is expressed in the criminal liability of the practicing physician, in the event that the error committed by him constitutes a crime. Such are the cases that are explicitly provided for in the Criminal Code. In these cases, the injured parties have the right to participate in the trial against the physician as private prosecutors, and can support the accusation, engage evidence, make evidentiary requests and appeal the verdict and decisions of the courts.
CIVIL ASPECT
The civil aspect of medical malpractice is expressed in the civil liability. It is the liability of the practicing physician, or the hospital facility in which he/she practiced. Aaccording to the law, everyone is obliged to repair the damage that they have caused to another person through their fault. The employer is liable for the damage caused by employees during or in connection with the work. Since the medical profession is a high-risk profession, the legislator has provided for an obligation to conclude “Professional Liability” insurance. In the presence of such insurance, the injured parties can also file their claims against the insurance company in which the policy was concluded. It is important to note that in order to engage civil liability, it is not necessary for the error to constitute a crime and for there to be a final judgment against the person.
COMMON PROBLEMS
The most common problems in conducting such cases are related to the factual situation and proving the medical malpractice.
In case you suffered or are a doctor who has made a mistake, you can contact us for consultation.
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