Medical negligence: subject to harmonization of criminal law pursuant to Article 83(1) of the Treaty on the Functioning of the European Union

Abstract

Medical negligence has been an issue of global concern for the past few decades. In the light of the pandemic and its consequences on the quality and timeliness of health care services, the issue of medical negligence has been a subject to the increasing number of discussions, in particular to discussions assessing the proportionality and, ultimately, the need for the present regulation on the resulting legal implications. For those reasons, the author decided to address the issue of the regulation of legal implications for medical negligence and explore whether the issue can be addressed through an extensive harmonization process pursuant to the legislative framework of the European Union. To address the issue, the author attempted to examine the present regulation of legal implications for medical negligence, and examine whether medical negligence can be subject to harmonization in the area of criminal law pursuant to the legislative framework of the European Union. In consequence, the author was able to provide that medical negligence can be subject to harmonization of criminal law pursuant to the legislative framework of the European Union.