Strict liability for damages caused by the use of medical devices

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