Qualification of acts in the event of death by negligence by medical workers

Kim Valery V., Yunusov Mikail F.O.

Criminal qualification for causing death by negligence by medical personnel Introduction: the question of the criminal-legal qualification of the actions of medical workers when they cause death by negligence to patients is considered. The specifics of medical responsibility as legal responsibility are determined, and attention is also paid to the circumstances to be established by law enforcement officers in each specific case when resolving a dispute about the presence of signs of criminal behavior in the actions of a medical worker. The positions of Russian law enforcement officers regarding the qualification of the actions of medical workers as a crime under Part 2 of Art. 109 UK RF (causing death by negligence by officials - medical workers). Purpose: to substantiate the relevance of the chosen topic; to analyze the positions of the courts regarding the establishment of certain circumstances for each dispute, indicating the presence of signs of criminal encroachment in the actions of medical workers. Methods: the dialectical method as a general, universal method of study, general scientific (analysis, synthesis), private scientific (formal-logical, formal-legal) methods of scientific knowledge. Results: the circumstances were determined to be established by the court when bringing medical workers to criminal liability for committing a crime under Part 2 of Art. 109 of the Criminal Code of the Russian Federation. Conclusions: to qualify the actions of a medical worker as a criminal act, provided for in Part 2 of Art. 109 of the Criminal Code of the Russian Federation, it is necessary to establish the following circumstances: whether a medical worker has the authority to carry out medical activities in the relevant profile, medical activities in the relevant profile, the presence of a real possibility of a medical worker performing specific actions in accordance with the developed recommendations in this area; non-compliance with such recommendations, standards; the onset of consequences in the form of the death of the patient, the presence of a cause-and-effect relationship between the acts and the resulting consequences.

Keywords:Medical activity, legal liability, medical error, accident, punishable omissions.