The subject of this paper is de lege lata analysis of the entire system of liability of the Republic of Croatia with special reference to the rules and possibilities of applying strict liability. It is considered that the subjective responsibility for the damage in which the guilt is presumed best ensures the freedom of professional action of the doctor. He is guaranteed not to answer if he acts carefully and lege artis. However, the problem is that the patient has to prove the doctor's guilt and the causal link between the medical error and the damage he suffers, which is particularly difficult from his position as a non-expert. In medicine, when damage occurs in connection with a dangerous thing, the possibility of applying the rules of strict liability opens up. Although it is applied for damages caused by medical devices, there is a tendency for wider application. The fact is that the technological and scientific progress of medicine leads to an increase in errors in treatment. Also, doctors always have a losing position in disputes regardless of the outcome. When it is necessary to prove guilt, the doctor is portrayed as non-expert and unprofessional. By tarnishing their reputation, faith in the entire health care system of the state is lost. The delicacy of medical practice and the psychological pressure exerted by the fact that they do not have adequate protection, brings discomfort among doctors on a daily basis. When modern advances in medicine are taken into account, it leads to the conclusion that the current rules no longer meet the needs of the situation. It is considered that the introduction of informatization, procedures for diagnostic and therapeutic procedures and error registration systems is conducive to taking measures in order not to repeat medical errors.