Deputies began preparing a law to decriminalize medical errors

If the initiative is accepted, doctors will not be held responsible for either disability or death of the patient caused by negligence or negligence. It’s just the way they work, which involves risk. True, not for them, but for the sick.

The deputies who discussed the bill also proposed introducing liability for knowingly false denunciations against doctors and eliminating the concept of medical services from the legislation. This means that Article 238 of the Criminal Code of the Russian Federation, under which doctors are most often brought to criminal liability for “providing services of inadequate quality,” will actually become inoperative.

Also, apparently, it will be necessary to change the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation,” which defines the concept of medical services. Most likely, it can be replaced by the term “medical care.” Citizens are sincerely indignant: what kind of help is this when we often have to pay for any sneeze?

How will Russians react to the innovation? And, as usual, no one asks us. There were no national discussions on this matter, although in fact the problem of poor treatment can affect anyone. From baby to old man.

God forbid that you become a victim in such a criminal case in Russia. People go through hundreds of circles of hell before the guilt of doctors can be proven. If possible. The medical community, as you know, does not give up on its own.

In some cases, victims of medical errors may even be considered extreme.

In the Belgorod region, for the fourth year now, the mother of a girl who lost an important organ as a result of untimely medical care has been trying to bring the doctor to criminal liability.

A fifteen-year-old schoolgirl had to undergo a complex gynecological operation due to incorrect treatment. For a month and a half, the child could not be given a correct diagnosis, as a result the organ had to be removed (“MK” has repeatedly written about this sensational story).

The court of first instance convicted the gynecologist and sentenced her to one year of imprisonment and a two-year ban on medical practice, but after the statute of limitations expired, the doctor actually faced nothing. However, the doctor wanted an acquittal on rehabilitative grounds, filed an appeal and won. The girl’s parents filed an appeal.

The cassation returned the case to appeal, which in turn sent the case to the first instance.

The trial in court lasted almost a year; the “heavy” part of the article of the Criminal Code was reclassified into a “lighter” one. “They said that the loss of an ovary does not cause serious harm to health, but only moderate harm. And there are other terms and punishments. Although my daughter has been on medication for several years now, it is unknown whether she will be able to become a mother in the future,” says Oksana, the girl’s mother. While the hearings were going on, the teenager ended up on the surgical table for the second time. “But in the same hospital they didn’t even want to examine her, because, as I was told, everyone knows what kind of child she is,” Oksana is indignant.

Recently, a mother came into the room, and her daughter was sitting in front of the icon and begging: “Lord, please help me to give birth someday.” “How does it feel for me to hear such things? – the woman is worried.

Over the past years, the doctor has never apologized. Moreover, she wants to accuse the girl’s mother of slander. And this despite the fact that the criminal case was investigated by the Investigative Committee, and the state prosecution was approved by the prosecutor’s office. “I was summoned to the police based on her statement against me, “slander” was no longer necessary (Article 128), they began to find out whether I had violated “privacy” (Article 137 of the Criminal Code of the Russian Federation) by voicing my story,” Oksana is outraged.

On December 6, she arrived for the next hearing at the Belgorod Regional Court. “The decision, of course, surprised us a little. The guilty verdict of the court of first instance was overturned, and the case was sent back for a new trial to the same court with a different composition. This is at least another year of suffering,” Oksana is sure.

The victim herself has already grown up and become an adult, while her parents are trying to bring the doctor to justice. How is she feeling now?

“The adoption of a law on the decriminalization of medical practice is another stupidity that need not even be discussed. “I think this is an empty waste,” Alexander Mokhov, Doctor of Legal Sciences in the field of medical law, expresses his point of view. — Understand, it is impossible, in principle, to decriminalize any particular profession. Even in the USSR, doctors sometimes faced criminal charges. And now more than 7,000 criminal cases under such articles are initiated annually.”

Of course, as the expert noted, these cases do not always reach the court, and the sentences awarded to doctors at fault are usually minimal. Or they are eventually released from punishment due to the expiration of the statute of limitations.

“It has long been discussed that a doctor should have the right to insurance for his professional liability. In some countries, professional medical communities examine such cases, attract experts, make appropriate decisions, and they are the basis for satisfying the claims of the victims.”

What can a lonely patient do? Case histories and studies are located in the medical organization. There, everything is often rewritten, or documentation is lost altogether. In such conditions, removing medical errors from the Criminal Code means leaving patients without protection.

“There are no alternative forms of conflict resolution in medicine,” continues Mokhov.

“We need to talk about forming a structure that will deal with this independently. It’s not just doctors who have come together for professional reasons and are covering for their colleagues. When the Investigative Committee began to deal with this category of cases en masse, it was forced to create a specialized expert unit. A number of medical institutions also want to train forensic experts in their field,” says Mokhov.

In the meantime, the affected people literally have to stand at Bastrykin’s reception every time so that their case is at least paid attention to. Just like Oksana once stood with a poster asking for help.