Russian Federation
The subject of this study is the issues of legal assessment of the provision of medical care and medical services with non-compliance with the legislation in the field of healthcare. On the basis of a study of a significant amount of law enforcement practice, emphasis was placed on the legal meaning and content of the concept of causation, as well as the meaning and role of an expert opinion in cases of offenses of medical workers committed in the process of providing medical care and medical services. The article draws conclusions about the expediency of correcting law enforcement practice, taking into account the position of the Supreme Court of the Russian Federation, clarifying the content of the causal relationship in the legal assessment of the provision of medical care and medical services that do not meet safety requirements.
causality, medical workers, health care offenses, adverse consequences, moral damage, judicial precedent
1. On the approval of medical criteria for determining the severity of harm caused to human health: order of the Ministry of Health and Social Development of the Russian Federation no. 194n of April 24, 2008. Access from the reference legal system “ConsultantPlus” (accessed 14.03.2022). (In Russ.)
2. Rotkov A. I., Chuprova A. Yu. Improper performance by medical workers of their professional duties as a sign of a crime under part 2 of article 109 of the Criminal Code of the Russian Federation. Legal Science and Practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2018, no. 4 (44), pp. 276-280. (In Russ.)
3. Personal responsibility of medical workers for crimes related to the provision of medical care and medical services: a lecture. Legal studies in medicine. SMS “National Medical Chamber”. URL: https://nacmedpalata.ru/?action=show&id=28569 (accessed 14.03.2022). (In Russ.)
4. Chuprova A. Yu. In charge of the service. Application of article 238 of the Criminal Code of the Russian Federation in relation to medical workers / Consultation. Novosibirsk Regional Association of Doctors. URL: http://www.noav.ru/?p=28197 (accessed 14.03.2022). (In Russ.)
5. Forgotten by surgeons. URL: https://doc-tv.ru/articles/2216. 20.08.2019 (accessed 14.03.2022). (In Russ.)
6. The procedure for conducting a forensic medical examination and establishing causal relationships upon the fact of non-provision or improper provision of medical care. Guidelines (approved by FGBU “RCSME” of the Ministry of Health of Russia of 21st June, 2017). Access from the reference legal system “ConsultantPlus” (accessed 14.03.2022). (In Russ.)
7. Ruling of the Supreme Court of the Russian Federation no. 18-KG20-122-K4 of March 22, 2021 URL: https://legalacts.ru/sud/opredelenie-sudebnoi-kollegii-po-grazhdanskim-delam-verkhovnogo-suda-rossiiskoi -federatsii-ot-22032021-n-18-kg20-122-k4/ (accessed 14.03.2022). (In Russ.)
