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The profession of a medical professional (physician) includes providing medical assistance to patients, thereby allowing for the alleviation of consequences to their aggravated health condition. The medical profession is associated with many risks which the workers and the institutions providing such assistance are exposed to. It is not rare that physicians face or become involved in legal proceedings for the compensation of damages arising from the occurrence of medical errors. For these reasons, the aim of this study is the analysis of cases where there has been a medical error, and the ways of determining the physicians’ liability. The data on the medical error cases were collected owing to the direct experience of the author of this study, who took part in legal proceedings as expert adviser. The data were also collected through the entry/exit tests taken by physicians within a course accredited by the Serbian Medical Chamber*. The collected material was processed using several methods. The results showed that the failure to follow procedures at both the proactive and reactive level contributes to the occurrence of medical errors. This research has shown the extent to which medical errors result in legal proceedings. It also points to the lack of knowledge on the part of physicians when it comes to the legal aspects of medical error.

Determining the legal liability in the cases of adverse outcomes of medical treatment (medical error)