Deputy Leonov proposed abolishing criminal liability for doctors for “medical” aspects
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State Duma deputy from the LDPR faction Sergei Leonov proposed exempting medical practitioners from criminal liability. We are talking about two elements of a crime – causing death by negligence (Article 109 of the Criminal Code) and the provision of services that do not meet safety requirements (238 of the Criminal Code). According to the parliamentarian, the amendment should make life easier for surgeons.
– Doctors do not want to take risks and do not use new methods. The surgeon is thinking about what to do: he faces a criminal case if the patient dies, or he takes a risk and the patient survives,” Leonov said.
The deputy calculated that there are currently about 100 thousand doctors working in Russia who are at risk in terms of the danger of being brought to trial by specialty. These are surgeons, obstetricians-gynecologists and anesthesiologists. Every year, about 6,000 applications are filed against doctors in the country, that is, 5-6% of practicing doctors fall under the flywheel of criminal cases per year.
Leonov proposes to save the situation using several mechanisms. In his opinion, the country needs to establish medical arbitration, introduce the position of a medical ombudsman and create an institute of mediation in disputes between doctors and patients.
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