During the provision of health services, there may be a violation of the medical standard and a violation of the doctor's duty of care, which manifests itself as a medical malpractice. It is about the doctor's treatment contrary to the rules of the health profession and its moral and ethical principles, which endangers the health and life of the patient. Medical malpractice can be qualified according to different criteria. Thus, it is possible to classify them into those that arise from doing and those that consist in omission, into gross or more difficult and easier, into diagnostic and therapeutic errors, into tactical and technical, into general, elementary, in the organization of work, errors in communication. The civil liability of doctors is determined in civil proceedings by applying the general rules of tort liability according to the Civil law of obligations, where the injured party must prove harmful action, damage, factual causation, while the guilt of the tortfeasor is presumed. In legal theory and case law in Croatia, the prevailing view is that liability for medical malpractice should be judged according to the principle of guilt, that is, subjective liability.