A group of scientists from Johns Hopkins University, Baltimore, conducted a study to ascertain the real extent of medical negligence problem and see how often mistakes are made by medical workers. Experts say that more than 80,000 of such incidents occurred between 1990 and 2010. The researchers’ findings are based on data provided by the National Bank of the medical information that registers all the errors committed by doctors.
The number of unplanned neither by the doctor nor by the patient consequences of treatment, alas, is high and rising. A child with a large scar on his cheek commemorating the birth by caesarean section, a person losing erectile function after surgery to remove a hernia or the baby, asleep forever because of generous doses of phenobarbital assigned by duty medical personnel for children from newborn pathology department to sleep at night better… not to mention high-profile cases of HIV infection through blood transfusion – according to NPR article, almost 440,000 of patients only in the US suffer from clinical negligence.
With the rising number of clinical negligence claims around the world the question of when and who is expected to provide compensation in cases where the episodes of clinical negligence were found and confirmed. Whether it is going to be a provider of healthcare services or insurance company, the system of social insurance funds or some organisations funded by contributions of physicians and (or) patients, or the state.
The article focuses on the crime of health professionals committed through professional negligence. Basically, the law envisages two forms of negligence: imprudence of medical worker who foresees the possibility of socially resonant consequences of the act, groundlessly hoping to avoid them, and negligence when the healthcare worker doesn’t foresee the risk of adverse effects, even though she could have and should have taken it into consideration.
The classification of medical errors reflects their true causes. On the one hand, they are objective and do not depend on medical capabilities, but on the other hand, there are subjective mistakes negligence, carelessness, including the reckless actions of the doctor.