Additives to the development of the concept of medical malpractice

Abstract

The study presents the development of the concept of medical malpractice.  The medical malpractice was defined by Rudolf Virchow about a century and a half ago, and only six years later the term was published in Hungary in the 47th paragraph of the XIV. article of the act in 1876. However, the legislator did not formulate a definition of malpractice, it was not even included in the explanatory memorandum of the law, so in an effort to eliminate problems of its interpretation, jurisprudence and practice tried to fill the term with content. Overall, it can be concluded that the concept of medical malpractice is flawed, it would be preferable to use healthcare-related malpractice as a term.