In the interests of patients: Medical law and medical liability

Bosnia and Herzegovina

The Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina organised an online seminar for judges on the topic of medical and medical liability law in cooperation with IRZ on 9 September 2022.

The speakers were Prof. Jozo Čizmić from the Faculty of Law in Split, Croatia, and Prof. Amila Ferhatović, Sarajevo. With their track record of various research stays, these two experts possessed the language skills and academic credentials to address all relevant aspects of German case-law. This is used as a point of reference in medical and medical liability law – two legal areas that are only gradually acquiring practical relevance in Bosnia and Herzegovina.

The event focused on the duty to provide information and keep documentation, breaches of the duty of care and questions of the burden of proof. The requirements of European law were addressed as well.

Prof. Ferhatović also presented decisions on medical liability in Bosnia and Herzegovina and pointed out the need for training the legal profession in medical and medical liability law, as many patients do not assert claims because their lawyers are insufficiently versed in the subject. 

Overall, the cases presented from civil and criminal law painted a remarkable picture, also of grievances in the country’s health care system, which the judiciary can contribute to eliminating through consistent and uniform case-law.