SK proposed to amend the criminal code a new article about medical errors

© RIA Novosti / Alexei Mangalapura in fotomancer gaining medicine into the syringe. Archival photo<img src="/wp-content/uploads/sites/5/2018/07/8a5af7bacdc8a4cd284054899778f667.jpg" alt="SK proposed to amend the criminal code a new article about medical errors" />© RIA Novosti / Alexei Mangalapura the image Bank

The investigative Committee and representatives of the «National medical chamber» I propose to introduce into the criminal code a new article for correct qualification of medical errors, said the official representative of Department Svetlana Petrenko.

«Thus, it is proposed the introduction of new articles in the criminal code. Article 124.1 of the «Inadequate provision of medical care (medical services)». Article 124.2 «Concealment of a violation of medical care». The presentation of the new edition of article 235 of the criminal code: «Unlawful to carry out medical and (or) pharmaceutical activity», — she specified.

Changes discussed at the meeting of the recently established interdepartmental working group on questions of investigation of crimes related to medical errors. The meeting noted that the problem requires the correct criminally-legal qualification of the offense.

Medical error

Now in the Russian legislation the concept of «medical error» there is no such term in the Criminal code. Case often excited in connection with causing death by negligence (article 109 of the criminal code), causing of heavy harm to health through negligence (article 118 of the criminal code) and aiding and abetting (article 124 of the criminal code).

In the UK propose to exclude the possibility of qualification of actions of physicians in these articles, since, according to experts, none of them takes into account the peculiarities of professional medical activities.

It is emphasized that changes will minimize enforcement errors, protecting both the rights of patients and health professionals.

Iatrogenic crime

In a recent issue of medical errors is discussed increasingly in the media, public organizations, social networks and relevant agencies. Last year, the Investigative Committee did 6050 reports of iatrogenic crimes — situations where the patient’s condition deteriorated because of the actions of doctors. The result was a 1791 instituted a criminal case.

The urgency of the problem has increased after the resonance of the history of the doctor-a hematologist Elena Mishurina, which was condemned over the death of her patient after may improperly performed procedure of collecting bone marrow. In winter, the medic was sentenced to two years in prison, but in April the sentence was cancelled.