Abstract

The paper discusses the Supreme Court decision of 5 June 2019 (III KK 212/18). The author presents a critical analysis of the Supreme Court’s legal views as regards objective imputation of result in the context of medical malpractice (medical error). He criticizes both the assumption of the causality of malpractice as well as the application of normative imputation criteria in the aforementioned case. In the context of the case, fundamental problems of criminal law qualification of medical error have been presented.