Problems of Enshrining the Concept of Medical Error in the Current Legislation

Abstract

Until now there is no generally accepted concept of medical error, since each author offers his own unique concept. In this regard, the article examines the problems of the absence of this concept in the current legislation. In this study, various methods are used, including the comparative legal method and the method of analysis. Several concepts of medical error proposed by different authors are analyzed, similarities and differences of these concepts are investigated, as well as their signs and elements. It is obvious that the development of a single concept of medical error is possible only by gradually eliminating concepts that do not correspond to the theory of law and by identifying the common elements and signs for the development of a universal concept of medical error that can be applied both in civil and criminal law.