From the student's bench, future doctors are frightened by criminal responsibility, which hangs over a representative of a noble profession like a sword of Damocles. Domestic doctors are firmly convinced that the legislation of Ukraine does not protect the doctor from the encroachments of disgruntled patients and any trial will end with the deprivation of a license, medical practice and freedom.
Any conflict situation with a patient terrifies the doctor and significantly distracts from the treatment process. It's easy to see why doctors prefer to yield to the patient as quickly as possible and prevent complaints and negative feedback from spreading.
Managing partner of the law firm «Status» and a professional in resolving issues of medical law Ruslan Perfect agreed to dispel the existing myths about the insecurity of doctors and provided information that can be found in the article estet-portal.com.
The reality of criminal liability for a doctor
RS: Every year about 10 doctors are prosecuted. In my practice, there were no such cases.
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There are several conditions without which it is impossible to prosecute:
1. improper performance of professional duties by a medical or pharmaceutical worker (Article 140 of the Criminal Code).
2. committing an error that results in severe injury (disability) or death of the patient.
If a clinical situation is subject to litigation, then it becomes necessary to form an expert group that has the necessary specific knowledge and can competently consider the issue. Therefore, judges resort to expert examination, which is carried out by state accredited institutions (research institutes, institutes of the Ministry of Internal Affairs).
All court decisions in the medical field are based on expertise.
It should be taken into account that the conclusion is made by a person with medical knowledge and the resulting conclusion can be refuted by another examination.
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What are the main causes of conflicts in the medical field
RS: The main reasons are a number of legal myths that exist in the field of medicine.
Myth #1 – a medical facility may be licensed due to a patient complaint.
If the Ministry of Health receives a complaint about a medical institution, a commission is created that, in accordance with a unified form, checks only the area of work of the institution for which the complaint was received.
– criminal liability of the doctor. It is incredibly difficult to bring a doctor to justice. Even in the case of a controversial issue, a large-scale analysis of the clinical case is carried out with a verdict, which, as a rule, justifies the doctor.
Myth #3– a patient's complaint can serve as anti-advertising for a doctor. In the event of a conflict, doctors show victim behavior and follow the path of returning payment for the service provided, and apologizing. Doctors believe that in this way they maintain their authority and are insured against negative reviews on social networks.
Victimization (from lat. victima – victim) – propensity to be a victim of a crime, which manifests itself in provocative behavior.
However, this behavior of the doctor creates the impression of permissiveness in the patient and entails the emergence of new conflict situations in which victory is guaranteed to a disgruntled client who is used to manipulation.Myth #4
– insufficient legal regulation. Doctor's defense needs to be modernized and improved to ensure full separation of the medical and legal side of the conflict between doctor and patient. Today, however, statistics show that legal proceedings end with the doctor's acquittal.
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