Professional Negligence When Providing Medical Care: Criminal and Procedural Aspects

Authors

  • S.S. Vitvitskiy
  • O.N. Kurakin
  • P.S. Yepryntsev
  • O.M. Skriabin
  • D.B. Sanakoiev

DOI:

https://doi.org/10.37506/mlu.v21i3.3032

Keywords:

Professional negligence, criminal liability, medical worker, legal regulation, criminal case.

Abstract

Introduction. Reform in the medical field is getting especially topical in the context of the Covid-19
pandemic, which has exposed the areas of concern that existed before. Professional negligence of health
workers is an issue that needs to be improved in terms of statutory regulation
The aim. Research of criminal and procedural aspects of professional negligence when providing medical
care.
Materials and Methods. Modern literature sources and normative legal documents; method of theoretical
analysis and conclusions systematization; comparative law and system-analytical method.
Findings and Discussion. The main issues arising during “medical crimes” investigation: the need to
quickly obtain the decision of the investigating judge on temporary access to the stuff and documents;
corrupt schemes, destruction of evidence; the difficulty of distinguishing negligence from medical error,
accident and justified medical risk.
Conclusions. Areas of improvement of normative and legal regulation of cases of medical workers
negligence are the following: development of unified methodical recommendations concerning medical
crimes qualification, which can help to give a correct criminal and legal assessment of medical workers’
illegal activity.

Author Biographies

S.S. Vitvitskiy

Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine

O.N. Kurakin

Kryvyi Rih Educationand Scientific Institute of the Ministry of Internal Affairs of Ukraine

P.S. Yepryntsev

Kryvyi Rih Educationand Scientific Institute of the Ministry of Internal Affairs of Ukraine

O.M. Skriabin

Classical PrivateUniversity, Zaporizhzhiacity, Ukraine

D.B. Sanakoiev

Dnipropetrovsk State University of Internal Affairs

Published

2021-06-03

How to Cite

S.S. Vitvitskiy, O.N. Kurakin, P.S. Yepryntsev, O.M. Skriabin, & D.B. Sanakoiev. (2021). Professional Negligence When Providing Medical Care: Criminal and Procedural Aspects. Medico Legal Update, 21(3), 464-468. https://doi.org/10.37506/mlu.v21i3.3032

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