The value of forensic medical expertise for the qualification of crimes in the medical activity

Abstract

The relevance of the forensic medical expertise in the qualification of crimes in the field of medical activity is the need to determine the mechanism of evaluation of those actions of medical personnel that may be a crime. The aim of the authors was to identify the problematic aspects of conducting forensic medical expertise in investigating the failure to provide medical care to a patient by medical staff and the improper performance of professional duties by a medical or pharmaceutical worker, namely to identify a causal link between the actions of medical personnel and socially dangerous consequences. In the study using a set of general scientific and special scientific methods the following materials were analyzed: cards of inpatients in cases of differences between clinical and forensic medical diagnoses; the information of the commission forensic medical expertise carried out in the State Institution "Main Bureau of Forensic Medical Expertise of the Ministry of Health of Ukraine"; statistical reporting of registered criminal offenses and the results of their investigation. The study was conducted using a set of general scientific and special scientific methods. General scientific and special scientific methods: empirical (to investigate the mechanism and procedure for conducting forensic medical expertise on the quality of medical care), analytical (to evaluate the effectiveness of conducting forensic medical expertise on the quality of medical care), forensic medical (to identify the causal link between the actions of certain persons of medical personnel and socially dangerous consequences), statistical (for processing empirical material). It's suggested to establish in the competence of the forensic medical expert the determination of the possibility to prevent the occurrence of grave consequences by a medical worker, which is mostly determined by the doctors and will be able to assist the investigative and judicial authorities in evaluating the actions of the medical staff.