Non-lege artis, liability in medicine from the perspective of criminal and civil law

The authors in this paper address the specificity of criminal and civil liability for healthcare professionals and healthcare institutions, particularly concerning errors that may occur during healthcare provision. In practice, situations may arise where a healthcare professional fails to diagnose a patient promptly or correctly, or a bribe is accepted for a medical procedure. However, it is necessary to reflect on the issue of legal liability and the criminalisation of the healthcare profession, as well as whether every error in diagnosis constitutes an act of non-lege artis. The study also examines the nuances of legal liability in cases where healthcare professionals operate within ambiguous circumstances, emphasising the importance of expert evidence to evaluate adherence to medical standards. Furthermore, it explores the criminalisation of healthcare errors, questioning whether current legislative frameworks adequately differentiate between professional negligence and intentional misconduct. By analysing civil and criminal liability, the paper provides a comprehensive perspective on how healthcare professionals can navigate their responsibilities while minimising legal risks.