The Importance of Forensic Medical Examination of Medical Errors in the Consideration of Civil Disputes and the Investigation of Criminal Cases

Abstract

The article reveals the problems of forensic medical examination of medical errors in the consideration of civil disputes and the investigation of criminal cases. The importance of completeness of forensic medical examination in establishing a causal relationship between harm to life and health and violation of standards of medical care is substantiated. It is shown that in order to bring a doctor to criminal responsibility, the investigative body must receive answers to the following questions: whether there was a significant violation of the rights of the patient and whether there is a direct causal relationship between the defect of medical care and a significant violation of the rights of the patient. Considered necessary the presence of the evidence base for the decision of a question on attraction of the doctor to criminal prosecution. It is proposed to conduct a thorough detailed analysis of the incident and actions (inaction) of each particular medical worker, taking into account the specifics of medical activities, effective interaction of the investigation bodies with expert medical institutions, which will contribute to the establishment of an objective truth in cases of professional crimes of medical workers.