Law, State and Law
People in white coats: a medical error
Facts and Figures
It is not easy to talk about mistakes, especially if it concerns medical practice. After all, life is at stake, and the consequences of medical oversights are extremely serious - disability, incapacity, death. It is often impossible to anticipate and prevent negative consequences. The figures of world statistics on this issue are staggering. In the US, a medical error causes more than 70,000 deaths every year. In Germany, Great Britain, Italy, this indicator is almost at the same level - from 70 to 100 thousand people a year. Just think that every 15 minutes because of a doctor's mistake, four or five people die! In Russia, official statistics on this issue
In the literature there are many interpretations of this term. But the Russian legislation does not provide for the concept of "medical error" and it is not determined how to qualify the actions of health workers in the event of an incident. Practice shows that for this it is necessary to decide whether there is fault or lack of it in the actions of the doctor and whether the latter bears legal responsibility for it. The doctors themselves believe that a medical error is the result of imperfections in science and technology and just an unfortunate coincidence of circumstances. This is not professional ignorance and not the result of negligence, and certainly not a criminal act. Therefore, if an error has occurred, then the doctor does not have any guilt, as there is no corpus delicti. Therefore, it is impossible to speak about bringing to legal responsibility . Other opinions are held by lawyers. Most often they act as prosecutors and try to prove that the doctor is guilty of a perfect mistake. But among them there is no common opinion: on the one hand, such cases can be considered as an innocent act that entailed causing harm; And on the other hand, a mistake is a circumstance that can mitigate the responsibility of the doctor.
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