Author/Editor		Polajnar-Pavčnik, Ada
Title		Zdravnikova strokovna napaka - delikt ali kršitev pogodbe
Type		članek
Source		In: Flis V, Reberšek-Gorišek J, Rijavec V, et al, editors. Medicina in pravo: izbrana poglavja: 2001, 2002, 2003. Maribor: Splošna bolnišnica Maribor,
Publication year		2004
Volume		str. 271-6
Language		slo
Abstract		Liability for a doctor can be based on contractual violations or tortuous wrongdoing. It depends on the applicable legal regulation whether to allow the party the choice among both or to favour one of them. ln Slovenia, the party may freely choose. But, it also depends on the differences in the legal basis of the two choices: Regarding to this, that at tortuous liability the burden of proof is opposite, there are no essential differences between contractual violation and tortuous wrongdoing. The main attention in both cases is directed towards the judgement of the doctor's action, i e. towards the establishment, whether there was a mistake in the treatment.
Descriptors		MEDICAL ERRORS INSURANCE, HEALTH HEALTH SERVICES LIABILITY, LEGAL