Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2019, vol. LIII, No. 2, pp. 561–579
Language of the paper: Serbian
Original scientific paper
udk: 347.56:614.253
doi: 10.5937/zrpfns53-23502
Author:
Dr Samir Manić, Ph.D., Assistant Professor
State University of Novi Pazar
Department for Legal Sciences
manicsamir@hotmail.com
Abstract:
The paper deals with the possibility of applying strict liability for dangerous things and dangerous activities to the liability of healthcare workers/ health care institutions for the damage caused to patients by the use of dangerous medical devices. In addition to French and Hungarian law, as an example of the so called an open system of strict liability, Early Yugoslav as well as current Croatian and Serbian law and case law were analyzed. At the end of the paper, the author makes a number of arguments on the basis of which he justifies the application of strict liability for damage to the liability of healthcare workers/ health care institutions.
Keywords:
Healthcare workers/health care institutions, medical devices, dangerous thing, strict liability.