What is the legal protection of the doctor? What is it? Answers to these questions you will find in the article.
Content
Responsibility of doctors
The problem of poor quality medical care and
unprofessional actions of doctors, medical defects in
Mainly closed on one problem - increasing responsibility
Medikov. However, along with this, another, - the need to protect
their themselves from unreasonable accusations from patients, that is
Legal Safety Professional Work of the doctor. Article 63 Basic
Legislation of the Russian Federation on the protection of health care along with declarative
Contains an important right to insurance professional mistake, which
In practice, for a number of reasons is not implemented. However, the number is growing
civil lawsuits in connection with the requirements of compensation for physical and
compensation of moral damage caused by the medical worker that
causes anxiety, often unreasonable. This is evidenced
Practice of the Rostov Bureau of Forensic Medical Examination. Here are several
Examples.
However, medicine is so complicated that mistakes are allowed,
Objective and subjective causes of which are numerous. Medical
Errors - this is a consequence of a conscientious misconception of a doctor when performing
They are professional duties. The main difference from other defects
medical activity is to exclude negligence negligence
And ignorance of medic. Wonderful clinician, excellent diagnostic
Academician I.BUT.Cashier wrote: «No matter how well delivered
medical case, you can not imagine a doctor already having
shoulders big scientific and practical experience, with beautiful clinical
school, very attentive and serious, which in their activities
Could unmistakably determine any disease and just as unmistakably
treat it». This is not only achieving medicine, you should know
the patients. Therefore, for such defects with an unfavorable outcome
can not punish the doctor, no matter how bitter take it
The victim. This doctor itself is experiencing a mistake and tries to her
Take into account for the future.
I would like to dwell on your doctor
harm to health, which, however, due to special circumstances,
eliminates his guilt. And it is important that the Criminal Code, which is usually
establishes a specific socially dangerous act (that is
Crime and criminal liability for it) Meanwhile, it contains
such articles that, despite the obvious signs of a crime,
eliminate the blame. The law provides such an opportunity when there is
The impact of certain conditions and a host of random circumstances on
the nature of the actions or inaction of the face to free it from
criminal responsibility. Such circumstances are found in
representatives of a number of professions, including medical. Especially that
concerns such specialties as surgery, traumatology, obstetrics and
Gynecology, resuscitation and other.
So, in medicine for
eliminating the main danger and the achievement of the goal - the salvation of life or
causing harm to the health of the patient sometimes have to act in
Currently needed. This is provided for in Article 39 of the Criminal Code of the Russian Federation
«Extreme need», in which it is directly noted that causing
harm in a state of emergency, that is, to eliminate
dangers of directly threatening personality if this danger is not
could be eliminated by other means is not a crime.
Sources of threatening danger in medical practice can be a doctor
or other medical worker, guilty or innocent behavior
which leads to dangerous consequences. Extreme necessity
excluding unambiguous civil liability,
Provided and civil code. This is Article 1067 «Causing harm
in a state of emergency».
To the conditions of legality
The act of extreme necessity may relate besides the true state
extreme necessity, timeliness, it should not exceed
limits of necessity, because the harm caused should be less than
prevented.
No less often in medical practice
Another circumstance is found in which the guilty causation
Harm health is not a crime - this is a reasonable risk.
Risk
- This is a human right to creative search, to receive the most, with his
points of view, reliable and advantageous result of achieving your goal.
It is peculiar to some professions, the tactics of the necessary actions or
inactivity of which is often conjugate with a certain risk when and
decision making and refusal to be dangerous for the patient.
However, in the case of the risky behavior of the physician, it should be
reasonable, for the risk in such areas as medicine, pharmacy,
genetics, ecology can cause harm to human health.
Problem
risk in medicine always had supporters and opponents caused
Spore. The inevitable need to apply new non-executive
methods of prevention, diagnosis and treatment, the use of new
unresolved to the use of medicines and immunological
Preparations actually there is a risk, for the sake of rescue of human life. IN
medical science and practice The constant implementation of the new is necessary and
It is found very often. Undoubtedly, it concerns new methods
diagnostic manipulations and operational interventions.
Opportunity
use of the right to risk guaranteed by a doctor or another
health worker who is a source generating a danger of causing
Harm to the law enforceable interests of the patient, article 41 of the Criminal Code of the Russian Federation
«Reasonable risk».
Often, doctors, consciously and reasonable
risking to save the patient and harm him health, do not know
that the law frees them from criminal prosecution, even when
the occurrence of serious consequences and does not consider damage,
Crime. However, the justification of the medical worker in
a concrete situation, according to this article, may be
legal only if certain conditions are followed,
Condimizing the legitimacy of risk.
Risk is recognized
reasonable if the specified goal could not be achieved
associated with the risk actions (inaction) and the person who admissible,
adopted sufficient measures to prevent harm protected
Criminal Law of Interest. The risk is not recognized as reasonable if he
Obviously was conjugate with the threat to the life of people. Risky actions
should be directed only to achieve a socially useful goal,
to which in medical practice include the preservation of life and health
patient or causing him less harm to health compared to
existing. Risk is legitimate if the goal could not be achieved otherwise
a risky way and the doctor used this opportunity without receiving
desired result.
The degree of competence and
Professionalism of the doctor who has decided. In addition to this vertical
incompetence highlight horizontal incompetence when
The specialist does not know the necessary rules, rules, instructions guiding
or restricting his behavior in such cases. True, worth it
note that we have, unlike Germany, England, USA, not legally
stipulated the degree of informative about the risk to which is exposed
the patient, agreeing or refusing to intervene, that is, no
«Legal Standard» Informed consent. This non-specificity
leads to the fact that everything depends on the opinion of the group of experts and their
influence on the adoption by the court decision.
Example from life...
Here is an example of our
expert practice, in which the evidence of harm caused
suspicion of the unlawfulness of the doctor's actions and substantiated the complaint and
Appointment of forensic medical examination. However, circumstances,
which were proven by the expert commission allowed the investigator
refer to Article 43 of the Criminal Code of the Russian Federation, to prove the validity of the risk and thereby
Exclude a crime.
In a rural district hospital in
A drunken state delivered gr., who got at the wedding
Ensure to acute subject. When arriving, the victim had sharply
Pale skin and mucous membranes, pulse, blood pressure 80
at 60. Detected a bean-cut wound of the inner surface of the right
Hips with damage to the femoral artery. From the wound flowed pulsating
Stowing blood. By this time, the pulse on the right foot is not determined by
Sleepy artery was a filamentary and weak. As it was not in the hospital
specialist and any medical drugs for urgent infusion
Therapies, therapist after the initial processing of the wound and the imposition of a harness
The patient was sent by an ambulance in the CRH. Here was
Installed extremely difficult condition, numbness in the right leg, stop
Cold on the touch of a marble. In this regard, was amputated
Top-third shin.
Relatives of the victim filed
a complaint about the prosecutor's office for non-professional actions of the CRH doctor, which
Immediately did not sew a damaged vessel, but a long time (for the time of transportation
Patient) Immobilization led to the amputation of the limb. Was appointed
forensic medical examination in which participated
Highly qualified specialists. Experts found that actions
The doctor was correct. The delay was unacceptable, since threatened
general infection of blood and death and he went to the risk that was
reasonable, as it prevented a greater danger - the offensive
of death. The risk was justified - the life of the patient was saved. This is a conclusion
was the basis for refusing to initiate a criminal case.
Finally,
In medicine there are so-called accidents (incidents) in
the form of various complications that cannot be foreseen and
prevent. And often they occur unexpectedly as a sudden
stopping heart or allergic reaction, despite the adoption
necessary measures, such as the preliminary sample. Casus,
having all signs of intentional or careless action, in contrast
They are taken innocent and not entails criminal liability.
Article 28 of the Criminal Code provides for innocent causing harm if the person
His committed did not conscious and could not be aware of the public
The dangers of their actions, or did not foresee the possibility of the offensive
socially dangerous consequences and, according to the circumstances of the case, should not
or could not foresee. Reason to recognize the lack of guilt
is the fact that the face, although foreseen
the possibility of the onset of grave consequences, but could not
prevent.
GRN A, 34 years old entered the hospital about
one-sided pneumonia in satisfactory condition. After
Surveys are prescribed treatment, but on another day he suddenly died
with anaphylactic shock phenomena. Investigation of this case
showed that death occurred a few minutes after
intramuscular introduction to him 500 thousand.elf. Penicillina. And injection
was performed, in accordance with the instructions, 25 minutes after
Podium sample not revealed signs of intolerance. Yes, and at
The patient's survey noted that allergies for the introduction of drugs do not have.
Following reasoning «After that means due to» relatives
accused the doctor in causing death by negligence.
Forensic examination in the study of any signs
improper healing did not notice, although it was concluded about direct
causal connection between the introduction of penicillin and. on the onset of death.
It was found that such a complication was impossible to foresee that
It should be regarded as an accident with innocent causation
Harm, which provides for Article 28 of the Criminal Code of the Russian Federation.
Finally
It should be noted that in all such cases at the stages
preliminary investigation and legal proceedings
To establish the apparent causation of harm at a conscientious and
Professional fulfillment of their duties or innocent
causing harm to the health of the patient is the conclusion of commission
forensic examination with the participation of highly qualified
specialists. Doctors should remember that the object of such an examination
are the materials of the case and, above all, the medical card is important
Legal document, source of evidence in the case. Protection of the doctor Ot
unreasonable accusations is also its legal literacy,
Knowledge of the fundamentals of medical legislation and, if neither paradoxical,
Separate Articles of the Criminal Code.
