Negligence during subject examination as the premise of responsibility for diagnostic error

Abstract

Unrecognized patient’s disease or erroneous statement of a non-existing disease is often the result of incorrectly conducted diagnostic process, including negligence in the implementation of one of the essential elements, which is the subject examination. Failure to conduct an interview or inaccurate collection of medical information from a patient is a violation of the rules of medical knowledge and medical practice, as well as being contrary to the required due diligence. A condition of admission that there was a diagnostic error occurred due to negligence in carrying out a subject examination is to establish that the behavior of the medical professional was objectively inconsistent with the indications of modern medical knowledge and was culpable, i.e. that the proceeding may be the subject of the charge under the circumstances of a particular case and that it was incorrect, taking into account the strict requirements imposed on the medical professionals in terms of their professionalism.