scholarly journals DIFFERENTIATION OF CRIMINAL LIABILITY OF MEDICAL PROFESSIONALS

2020 ◽  
Vol 73 (12) ◽  
pp. 2728-2732
Author(s):  
Natalia Antoniuk
Keyword(s):  
Personal Experience ◽  
Criminal Liability ◽  
Scientific Work ◽  
Medical Services ◽  
Professional Activity ◽  
Medical Professionals ◽  
Legal Doctrine ◽  
European Court ◽  
Case Files ◽  
Social Dangerousness

The aim: Determining the need to differentiate the criminal liability of medical workers for damage caused in the course of professional activity. Materials and methods: This following research is based on an analysis of laws (21 laws), court judgments and case files (108 judgments and 8 case files), judgments of the European Court of Human Rights (4) and the legal doctrine of criminal law. Comparative, systematic, analytic, and empiric methods have been used in this research. During the preparation of this article the results of personal experience of the scientific work (17 years), the experience of advocacy (11 years), and the experience of the Supreme Court's judge have been applied. Results: The analysis of case files, thoughts of scientists and lawyers-practitioners allowed to propose criteria and indicators influencing increasing or decreasing of social dangerousness of actions committed by medical professionals. It is noted that the necessity of the legislator to consider the close interrelation of professional medical services and influence on the health of persons who demand medical services or need health care during differentiation of criminal liability. Conclusions: The necessity of differentiating approach to the criminal liability of medical professionals who inflict health damages or death is stated in comparison with the liability of general subjects of a crime.

scholarly journals The Price of Medical Negligence – Should it Be Judged by the Criminal Court in the Context of the Jurisprudence of the European Court of Human Rights?

2021 ◽  
Vol 14 (1) ◽  
pp. 124-152
Author(s):  
Darius Pranka
Keyword(s):  
Human Rights ◽  
Medical Profession ◽  
Criminal Liability ◽  
Criminal Court ◽  
Point Of View ◽  
Professional Activity ◽  
Medical Negligence ◽  
Criminal Cases ◽  
European Court ◽  
Legal Consequence

Abstract The article deals with a recently relevant issue – whether a doctor who has made an error or was negligent during his or her professional activity that has resulted in injury or death should be prosecuted, whether this type of liability is not too strict, and whether it is proportionate and adequate to the specificities of the medical profession. From the point of view of criminal justice in Lithuania, this topic has not been investigated at all. The courts hear such criminal cases without any exceptions for doctors. However, in an international level, the judgments of the European Court of Human Rights or investigations in other states suggest that criminal liability is not always a binding legal consequence in such cases. After having analysed and summarised the case-law of the said court, by taking into account the insights of foreign authors, the danger of medical error and ultima ratio principle, the author raises the idea that the current practice in civil medical negligence when doctors are prosecuted for simple negligence should be changed.

scholarly journals MEDICAL ASPECTS OF VIOLATION OF THE RIGHT TO LIFE IN THE CONTEXT OF THE EUROPEN COURT OF HUMAN RIGHTS CASE LAW

2020 ◽  
Vol 73 (12) ◽  
pp. 2785-2788
Author(s):  
Olga M. Voloshchenko ◽  
Olena A. Ustymenko
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Case Law ◽  
Medical Services ◽  
Right To Life ◽  
Legal Doctrine ◽  
European Court ◽  
Legitimate Interests ◽  
The Right ◽  
The Relationship

The aim: The purpose of the paper is to raise awareness of the medical services subjects in the issues of establishment of the relationship between their activities and harm to patients, analysis of the case law of the ECHR and provision of practical recommendations for the prevention of violations of Art. 2 of the Convention with subsequent compensation for non-pecuniary and pecuniary damage. Materials and methods: The authors used the judgements of the European Court of Human Rights (ECHR) on medical research, international regulatory acts, publications of scholars in the field of medical law and legal doctrine in terms of liability of medical services providers for the violation of Art. 2 of the Convention. Conclusions: Aiming to ensure proper legal protection of the rights and legitimate interests of subjects of medical care, the authors have developed recommendations on how to prevent cases of violation of the right to life during the provision of medical services.

scholarly journals The Development of Medical Criminal Law in Germany and in Russia

2021 ◽  
Vol 15 (4) ◽  
pp. 456-465
Author(s):  
Arseniy Bimbinov ◽  
Diana Stage
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Professional Activity ◽  
Medical Professionals ◽  
Criminal Prosecution ◽  
Wide Sense ◽  
Negative Consequences ◽  
Russian Science ◽  
Legal Assessment

Negative consequences of the actions of medical professionals have always been subject to controversial assessment from the legal standpoint. There were periods in Russian history when doctors were prosecuted even without establishing their guilt first, and the periods when doctors were not held responsible at all for the violations that they committed. Currently, medical and pharmaceutical work is a complicated process of performing professional functions connected with the observance of established standards and requirements of its organization. Most medical tests and manipulations of prevention, research, diagnostic, treatment or rehabilitation character are regulated by formal protocols which could, in some cases, prevent a qualified doctor from saving a patient’s life and in others — inflict forced harm on their health. Both of these situations require a legal assessment of the actions, the mechanism of which has not yet been fully determined. This circumstance could lead to a criminal prosecution of a medical professional whose fault is absent (or non-obvious). On the other hand, a structurally complex professional activity, for which there are no recognized methods of legal assessment, creates preconditions for various violations and abuses on the part of medical professionals. Changing relationships between a doctor and a patient, as well as the commercialization of modern medical practices have made the healthcare system one of the most delicto- and even criminally-oriented. These factors act as causes for the growing complexity of legislation (in the wide sense of the word) on criminal liability of medical professionals and the controversial law enforcement practice which, in its turn, leads to the interest of researchers in these problems. The results of such research often remain unconnected with other achievements of the criminal law science; due to this, it is necessary to study the development of law, including the practice of law enforcement and the doctrine, on criminal liability of medical professionals – medical criminal law. Taking into consideration that such a sub-branch of law is not traditional for Russian science, the authors present the results of researching the development of medical criminal law not only in Russia, but also in Germany, where this sphere of law has long been established as independent.

Role conflicts and role overloads in the doctor's activity as a socio-psychological problem

2020 ◽  
pp. 70-74
Author(s):  
Anastasia Katkova ◽  
Elena Andriyanova
Keyword(s):  
Psychological Problem ◽  
Professional Activity ◽  
Medical Professionals ◽  
Role Conflicts ◽  
Modern Health Care ◽  
Professional Stress ◽  
Determine Role ◽  
Role Based ◽  
Sociopsychological Factors ◽  
Oriented Approach

Currently, the leading socio-psychological problem in modern health care is role overloads and role conflicts among medical professionals. Role-based problems can lead to neuropsychiatric stress and become a source of professional stress for doctors. Therefore, in order to provide social assistance and support to doctors, it is necessary to study the sociopsychological factors that determine role conflicts in the professional activity of a doctor and further implement a socially oriented approach in the conditions of modernizing the modern healthcare system.

scholarly journals Criminal Liability of Medical Profecionals Negligience: Comparative Analysis

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 251-263
Author(s):  
Kateryna Danchenko ◽  
Olga Taran
Keyword(s):  
Comparative Method ◽  
Criminal Liability ◽  
The United States ◽  
Medical Professionals ◽  
The European Union ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Medical Office ◽  
The Us ◽  
The Impact

The purpose of this article is to study the criminal liability of medical professionals in cases of suspension, in accordance with jurisprudence in Ukraine, the European Union and the United States of America (USA). He made the comparative method. According to the investigation, the number of criminal proceedings in Ukraine by the authority and misconduct of medical doctors is about 2% per population, my figure that rises to 30% in Europe and is the stable yes in the US and is 28%. 32%. The main objective of the article is often area identify specializations in the medical office occurs with the mayor based on Ukrainian jurisprudence (data from Ukraine’s only state judicial decision register from 2016 to 2019). In addition, the study analyses the impact of the main influences on the ability of medical professionals for their professional functions. From counting the results show that surgeons, gynecologists, paramedics, and anesthesiologists are the most prone to deviation and medical error. Key proposed criteria have been proposed as medical errors differ from medical writing.

scholarly journals Consent to Treatment and Anamnesis as Problem of Communication with Minor Patients in Healthcare Decision-Making

2016 ◽  
Vol 2 (3) ◽  
pp. 57
Author(s):  
Karina Palkova ◽  
Svetlana Semaka
Keyword(s):  
Decision Making ◽  
Medical Professional ◽  
Medical Services ◽  
Medical Professionals ◽  
Healthcare Decision ◽  
Communication Problems ◽  
Legal Relationship ◽  
Healthcare Decision Making ◽  
Consent To Treatment ◽  
Insight Into

Lately lawyers and medical professionals pay more attention too the process of minor patient healthcare. The research shall address the issues of legal relationship between minor patients and medical professionals, consent to treatment of minor patients and communication problems including the scope of information which the doctor can provide to the minor patient’s relatives to protect themselves and patients. Legislation prescribes that the information provided by the medical professional to the minor patient must be not only easy-to-understand, but also be consistent with the patient’s age maturity. However, in Latvia, for example, there are no guidelines that specify how medical professionals can determine the patient’s maturity. In the course of provision of medical services to the minor persons legal disputes involving communiucation failures between the minor patients, their relatives, legal representatives and the doctors arise increasingly frequently. The research will look into issue of communication problems in healthcare. The aim of the research is to provide insight into challenges of legal relations betweem minor patients and medical professionals and communication problems in healthcare.

scholarly journals Topical Issues of Criminal Liability of Medical or Pharmaceutical Workers under the Criminal Code of Ukraine (Article 140 of the Criminal Code of Ukraine)

2019 ◽  
Vol 8 (4S) ◽  
pp. 87-92
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Patient Safety ◽  
Health Care Professionals ◽  
Criminal Liability ◽  
Complex Structure ◽  
Criminal Code ◽  
Professional Activity ◽  
Scientific Article ◽  
Political Processes

The issues of Improper protection of rights and legal interests of the patients due to improper performance of professional duties by a medical or pharmaceutical worker are considered. In particular, problems arising during the application of the norm of criminal liability for specified socially dangerous acts are considered. At the same time, cases of serious consequences to the patient's life and health due to a medical error or actions of medical or pharmaceutical workers committed in the absence of fault are considered although they result in the death of the patient or other grave consequences. Particular attention is paid to iatrogenic mental illness, caused by improper professional activity of the medical workers and peculiarities of the psyche of the patients. Particular attention is paid to the study of the practice of the European Court of Human Rights regarding the legal guarantee of the right to life in Ukraine in the context of criminal proceedings. Ukraine is a party to virtually all international human rights treaties. It imposes on it the obligation to adhere to European norms in the field of human protection. The need for comparative study of laws and effectiveness of their application at the present stage of society's development is due to the process of globalization affecting today not only economic and political processes but also the process of lawmaking. This requires the lawyers of different countries to join in the development of the theoretical foundations of lawmaking to formulate in the aggregate knowledge about the effect of laws based on world legal traditions and experience of the separate states. The complex structure of the health care organizations has led to the need for new models of healthcare professionals to ensure the quality of care and patient safety. In the current situation, patient safety is one of the new challenges faced by the medical students in undergraduate and postgraduate education. This involves incorporating a patient safety culture into curricula, in particular for the doctors and other health care professionals. The scientific article is aimed at solving the issues of criminal law protection as the rights of people in need of the medical services as well as medical and pharmaceutical workers who provide these services.

scholarly journals ETHICAL DIMENSIONS OF WILLINGNESS TO PAY FOR MEDICAL CARE IN BULGARIA

2018 ◽  
Vol 6 (1) ◽  
pp. 516-522
Author(s):  
Kalina Peycheva ◽  
Mariela Deliverska
Keyword(s):  
Higher Education ◽  
Medical Care ◽  
Education Level ◽  
Medical Services ◽  
Medical Professionals ◽  
Chi Square ◽  
New Methods ◽  
Gender And Education ◽  
Anonymous Questionnaire ◽  
Methods Of Treatment

Regardless of what both patients and medical professionals might think, nowadays there is no free medicine. The need of changing the pattern is emphasized and people should become more responsible for their own health. The aim is to find a connection between the trust in GPs, prophylactic check-ups, new methods of treatment and the willingness of patients to pay for the received medical services. Material and Method: A questionnaire was prepared for the purposes of the study. The methods utilized were a direct individual anonymous questionnaire, statistical – descriptive, analytical (Chi-square). The answers were examined and statistically processed according to age, gender and education level of the participants. Results: 1. The results regarding the trust in GP is very unconvincing – only 14,5 % believe in their GP. 2. The percentage of believers in prophylactic check-ups is high - 57,9%.  3.The percentage of those who believe in the new methods and means for treatment is high, over 80%, while no difference is found with respect to the patients’ education level. 4. The patients often (86%) pay for the treatment of a specialist. 5. People with higher education more readily pay for medical care. Conclusions: 1. The lack of trust in GP combined with the strong belief in prophylactic check - ups and the new methods for diagnostic and treatment of diseases lead to higher expectations of patients towards the medical services and their readiness to pay for these services. 2. The patients indicate readiness to pay for medical services which is a part of the patients’ readiness to take care for their own health.

scholarly journals MEDICAL ERROR AND LIABILITY FOR IT IN SOME POST-SOVIET COUNTRIES (BELARUS, KAZAKHSTAN, MOLDOVA, UKRAINE)

2019 ◽  
Vol 72 (5) ◽  
pp. 877-882 ◽  
Author(s):  
Alesia Gornostay ◽  
Alona Ivantsova ◽  
Tetiana Mykhailichenko
Keyword(s):  
Human Rights ◽  
Medical Errors ◽  
Medical Error ◽  
Criminal Liability ◽  
Effective Means ◽  
National Court ◽  
Further Education ◽  
European Convention ◽  
Medical Professionals ◽  
Treatment Protocols

Introduction: Infliction of harm to life and health due to medical errors is common for the whole world and post-Soviet countries, in particular. The problem of these errors is one of the most important in medical law, although there is no unified concept of it. A small number of sentences in cases of criminal negligence of medical professionals indicates a high latency and often unprovability of this crime in a number of post-Soviet countries. The aim: To disclose the objective and subjective prerequisites of a medical error, reasons for its occurrence, to establish the grounds for criminal liability of medical professionals in case they commit an error and to examine the judicial practice in this regard. Also, to define the concept and types of circumstances exempting criminal liability and their impact on criminal liability issues concerning medical professionals. Materials and methods: The study is based on the Belarusian, Kazakh, Moldavian and Ukrainian statutory acts as well as international acts, the European Convention for the Protection of Human Rights and Fundamental Freedoms, case law of the European Court of Human Rights (ECHR), national court judgments. Such methods as dialectical, comparative, analytic, synthetic and comprehensive have been used in the paper. Review: On the basis of the study, it has been established that there is no unified concept of a medical error, medical personnel are fairly brought to criminal liability only if they commit an unjustifiable error in the presence of all the mandatory elements of a crime provided for in the relevant article of the Criminal Code. At the same time, it is extremely difficult to prove existence of such an error. Besides, at the state levels, causes and mechanisms of occurring errors have not been revealed, they are not even discussed, which makes it impossible to outline measures to prevent them or reduce their frequency and degree of danger. Conclusions: The struggle against medical errors should encompass a number of such activities as standardization of clinical treatment protocols, further education of medical professionals and lawyers in regard to patient safety, thorough investigation of each incident in order to exclude a justifiable error or circumstances exempting criminal liability. Equitable, severe and uncompromising punishments for perpetrators should be an effective means preventing commission of crimes in medicine.

European Court of Human Rights and the Bulgarian Judicial System

2021 ◽  
Vol 23 (6) ◽  
pp. 535-544
Author(s):  
Aleksandur Kirkov ◽  
◽  
Ana Andonova ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Essential Feature ◽  
Methodological Approach ◽  
Scientific Work ◽  
Global Scale ◽  
Judicial System ◽  
European Convention ◽  
National Courts ◽  
European Court

Bulgaria ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms in 1992, as such this European act has become part of our domestic legislation. Explaining in detail the differences and similarities between the European Court of Human Rights in Strasbourg and the Bulgarian judicial system, we will actually see how much they are similar. This is the purpose of the present study - comparative analysis in all aspects: territorial jurisdiction, legal jurisdiction, including procedurally legitimate persons to file complaints, procedural issues, stages of the process, court decisions and appeals. The first and most important task of the study is to get acquainted in detail with our European rights, as well as their judicial protection. On the other hand, the knowledge of the European judicial mechanisms leads to the expansion of our national horizons in a supranational perspective, to opportunities for professional realization outside the borders of the country, on a European and global scale. The research method used in the present scientific work is the comparative analysis. The methodology we refer to in preparing the analysis is based on a predetermined methodological approach and structure in conducting the analysis. The methodological approach itself includes a general overview of the legal framework, regulating the administration of justice in national courts and at European level. An essential feature of the approach used is to compare the two established legal systems, at home and in Strasbourg, at all levels, to explore links and interdependencies possible differences. Expected results: acquainting the Bulgarians with their European rights, as in case of violation of these rights, learning about the mechanisms for their protection in court. Conclusions and summaries: Bulgaria is part of the common European framework. As such, its citizens are Bulgarians, but also Europeans. Namely, as Europeans, they have rights that are guaranteed to them by Europe and that should be respected in Bulgaria. Failure to respect these European rights creates conflicts that should be resolved by both national courts and the European Court of Human Rights.

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