Medical negligence: its consequences for the patient and the health worker

Common sense dictates that when any health problem arises, the right decision is not to self-medicate, but to seek help from medical professionals and professional clinics. When we turn to specialists, we trust them with what is most precious – the life and health of loved ones, children and our own. What to do when something irreparable happens, and the reason for this is not an objective factor, but a neglectful attitude towards professional duties, namely, ordinary medical negligence?

An error by doctors or their carelessness can lead to the death of a person, and therefore legal liability, including criminal punishment, awaits medical negligence.

What is included in the concept of negligence?

Negligence of doctors

Many of us have heard stories from people about the tragic results of turning to “specialists” from healthcare. And cases of doctors who made a mistake appear in news reports every now and then. Most often, it is not even errors in recognizing some unusually complex diseases that lead to disastrous consequences, but ordinary negligence in relation to patients, inattention to detail, or even ordinary fatigue of a health worker.

The main reason for medical negligence is the human factor: fatigue, negligence, inattention or disregard.

It is not for nothing that people literally “over each other” convey the opinion that some doctors can be trusted with their health, while others are very undesirable. It is in medical practice that word of mouth has the greatest influence. This is explained by the fact that a person not only wants to find a good doctor with positive reviews, but also to make sure that there is no risk of medical error. The opinion of patients concerns not only the set of professional knowledge, but also, no less important, the doctor’s attitude towards his duties.

How to identify a negligent doctor?

Such a capacious concept as negligence includes a lot of both professional and universal qualities of an employee in any field:

1. Doctor's irresponsibility;
2. Caring attitude;
3. Caring for too many patients increases the risk of errors due to inattention and fatigue;
4. Quick examination without bringing up old medical records.

In medicine, as elsewhere, this means a combination of incompetence, laziness, and neglect of one's work. But in some places this may not have such negative consequences. For example, laziness and dishonesty of an accountant can result in financial losses, and the negligence of a gardener can result in the death or disease of a plant.

If we are talking about human health and life, then the consequences carry a much larger social aspect. Damage is caused to the physical or mental state of a person, and sometimes leads to his death. Therefore, pay attention to how:

1. A patient is being admitted;
2. How many examinations and analyzes are carried out before the circumstances are determined;
3. Doctor's appearance. Especially if he looks tired, very bruised, or, much worse, drunk.
4. Reviews from patients about his work;
5. Reviews about the clinic in general.

Negligence can be expressed both in certain, obviously unprofessional, actions, and in the inaction of a doctor, leading to a deterioration in the patient’s condition or his death. Inaction is understood as ignoring the requirements of medical discipline, either purposefully or as a result of laziness or frivolity.

Unprofessional actions must be understood as medical, obstetric, or nursing care for a patient that occurs in violation of prescribed standards, or manipulations that are incomplete, untimely, or half-hearted.

Is medical negligence provable?

Negligence of doctors

For the patient or his relatives, the negligence of the doctor is paid at the highest price - health and life. What about the healthcare worker himself? What is the price of his responsibility and how is it expressed?

The Criminal Code of the Russian Federation does not have a separate article that deals with liability for medical negligence.

It is possible to hold a health worker accountable under the law for a criminal attitude towards the patient’s health, indifference and inattention only by considering his actions (or inaction) in terms of neglect of the provisions and norms regulating his activities (Parts 2 and 3 of Article 293 of the Criminal Code of the Russian Federation).

But first, it is necessary to establish a connection between the crime event and the person who committed it (the health worker).

1. The objective side of the crime is characterized by the careless and frivolous attitude of the doctor towards the patient, if he foresees and can avoid serious consequences.
2. Subjectively, there may be such a thing as careless guilt. It is expressed in the fact that the perpetrator does not foresee the tragic results of his inaction or foresees, but does not have the opportunity to prevent them. If it is proven that the health worker really could not have avoided or predicted the deterioration of the victim’s health, then he will not face criminal prosecution.

Any doubts about whether the medical worker knew about the consequences of his actions and could have foreseen and prevented them are interpreted in court in favor of the accused.

Thus, if the mistake was made unintentionally, due to the influence of external factors (for example, old clinic equipment) and the doctor’s high fatigue due to the large number of patients or operations performed, then the court may acquit him.

Objective moment of the crime

This is non-compliance or illiterate performance of one’s professional functions in one’s position. In other words: dishonesty and irresponsibility.

The signs of the objective side will be the consequences that led to the violation of the legitimate rights and interests of citizens.

Establishing an investigative connection (causality) will help qualify the actions of a physician under Article 293 of the Criminal Code. It is actually very difficult, and sometimes simply impossible, to admit a doctor’s negligence, much less accuse him of such actions, due to the fact that the line between justified risk and the doctor’s negligent actions is very thin.

According to this article of the Criminal Code of the Russian Federation, part two, the guilty physician may be punished for causing serious damage to the health of a citizen, or for his death.

The third part of this article provides for a more serious punishment, since here the cause of the negligence of a particular doctor resulted in the death of 2 or more people, or caused serious damage to their health to two or more patients.

Surgeon's workload

The object of the investigation will be the health of the victim or his death.

The subject of the investigation will be medical actions that do not correspond to professional ones. Or rather, the doctor’s actions cannot be called competent due to his inexperience or negligence.

Signs of guilt

Physician negligence is expressed in the following:

• The doctor should have, but did not, perform the actions prescribed by the rules for providing care to the patient. That is, he made decisions that contradicted his job descriptions. Some lawyers call this inaction.
• The incompetent actions of the medical staff led to an incorrect diagnosis. For a correct diagnosis, the characteristics that should have served as reference for the doctor in making a decision were not taken into account.
• The patient's condition worsened as a result of criminal inaction: laziness, carelessness, ignoring the criticality of the patient's condition.
• The doctor prescribed a treatment that missed key healing moments and chose a “primitive” path. For example, he prescribed drugs that obviously did not bring results, but were cheap, to patients who were unable to “thank” him.

If this took place, then there is a strong and obvious cause and effect relationship, which serves as proof of the criminal negligence of doctors. All that remains is to collect documentary evidence and witness testimony to win your case in court.

More in-depth advice on all issues related to medical negligence can be obtained on our website. 24 hours a day and free of charge.

Summary

Before complaining about a doctor’s negligence, it is important to decide on the addressee. Otherwise, the period of proceedings will drag on and will not lead to the desired results.

Complaints must be substantiated, otherwise the victim can become the accused. Our experts will tell you how to prove a doctor’s negligence in a particular case after analyzing the situation. If necessary, they will draw up an effective complaint, and also represent your interests at any level and at any stage of the conflict. You can contact us at the indicated phone numbers or via chat on the website.

Latest questions on the topic: “Where to complain about medical negligence”

Negligence of doctors

Good day!
Please suggest in our case where to start. On February 14, my relative got into an accident and was admitted to the intensive care unit with severe injuries (traumatic brain injury, open fractures of the lower extremities, deep wounds with the presence of foreign bodies in them, compression of internal organs (lung and kidneys). The hospital's intensive care unit was being repaired, the patient was in the gynecology department. A walk-through courtyard, patients behind a screen, ordinary beds. During the week, the doctors disagreed about whether it was possible to transport him from the district hospital to one of the Moscow clinics. We were ready to pay for everything. The head doctor insisted that the patient will not tolerate transportation, that he has contraindications for transportation even in an intensive care vehicle, that this condition can last a week or two. He referred to a traumatic brain injury. The attending physician said that he could be transported. On the night of the 22nd to the 23rd, the patient became worse. As a result, on February 23 (Saturday), the doctor on duty called and said that a place had become available in the Moscow clinic (with which they had an agreement.) Their intensive care unit was broken and if we were ready to pay for the intensive care vehicle, they would prepare the patient and documents for transportation . Naturally we agreed! The ambulance was from a commercial organization. Doctors immediately told the family that the patient had a grayish complexion and was short of breath, a sign of lung problems. There were no preventive measures against congestive pneumonia before. The doctors didn’t talk about anything like that at all. In the hospital where the patient was admitted, an X-ray of the lungs was taken only a few days later and another diagnosis was made - bilateral pneumonia. The doctors themselves said that the legs were fixed incorrectly, that there was tissue necrosis on the legs, that the wounds were poorly treated. A week later, the patient became even worse; he could no longer breathe on his own. A week later the patient died. In the conclusion, the reasons were indicated: 1. Meningoencephalitis (most likely a manifestation of a general septic process), 2. Sepsis, 3. Multiple open fractures of the lower extremities. I don't know where to start. In my opinion, the naked eye can see here the omissions of doctors, untimely and incomplete diagnosis, measures were not taken in a timely manner against general infection of the body. After all, before the patient was transported to Moscow, there was no talk of any meningoencephalitis!! The fact that the patient was suddenly allowed to be transported is also alarming. He didn't feel better, but worse! Tell me how to hold doctors accountable? The guy was only 26 years old. Healthy strong body! The doctors themselves said that this was the only thing that saved him! He left behind a 5-year-old son who really misses his dad and doesn’t know anything yet. We cannot leave this attitude of doctors unpunished!! Svetlana, Moscow now online

Svetlana! Was a forensic medical examination of the corpse carried out, first of all? Has a criminal case been opened regarding the accident? Who is at fault for the accident? There are a lot of nuances in this issue, and before you start anything, you need to know the answers to these and a number of other questions about doctors. I have experience in such matters, I’m ready to help practically, write in a personal message.

Negligence of doctors resulting in harm to health, what to do?

Hello!
3 weeks ago I was taken by ambulance to the hospital with acute appendicitis. I had an appendectomy and drainage was removed because peritonitis was starting to set in. For a day after the operation, I could not urinate on my own, which was repeatedly told to doctors, nurses, and the head of the department. Until, during the doctor’s regular rounds on the second day, I was confused by the diaper that was changed for me every 2-3 hours; fluid was leaking heavily from the drainage. To which on the first day they said that it was good that everything bad came out of there. An X-ray with contrast showed a ruptured bladder. Almost two days later, an operation was performed to suture the bladder, and she remained under the supervision of urologists for 3 weeks. Now the process of healing and restoration is underway. I suffer from cystitis, I take medication. Diagnosis of bladder injury. The surgeon who performed the operation to remove appendicitis was fired the next day. What needs to be done in this situation, please tell me? Anastasia, Tomsk is now online

Good afternoon - the fact that he was fired does not mean at all that no one will be held accountable for negligent actions - you can send a complaint to the regional Roszdravnadzor regarding poor-quality medical care - as a result of which you suffered harm to your health - they will conduct an inspection and give a written response - you can file a claim against the hospital demanding compensation for material and moral damage - they will refuse - a lawsuit against a medical organization - where a forensic examination of the damage to health will be ordered. By decision of the court, compensation for damage to health and moral damage can be recovered.

How to punish doctors for negligence, as a result of which my son died?

Hello!
The son was admitted to the emergency room with stab wounds. They transferred me to intensive care, decided that there was no threat to life and sent me to the surgical department. There he got worse and started screaming. The doctors didn’t think twice and transferred me to narcology. After 5 days, the son (25 years old) died from sepsis and purulent pleurisy. An autopsy showed that all organs were damaged! What should I do? How to punish doctors for negligence? Marina, Ufa is now online

Hello. You need to complain to the prosecutor's office and try to attract them. Federal Law of January 17, 1992 N 2202-1 (as amended on July 29, 2017) “On the Prosecutor’s Office of the Russian Federation” (as amended and supplemented, entered into force on August 10, 2017) Article 10. Review and resolution by the prosecutor’s office statements, complaints and other appeals 1. The prosecutor's office, in accordance with their powers, resolves statements, complaints and other appeals containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. 2. Applications, complaints and other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation. 3. The response to an application, complaint or other appeal must be motivated. If the application or complaint is refused, the applicant must be explained the procedure for appealing the decision, as well as the right to go to court, if provided by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses. 5. It is prohibited to forward a complaint to the body or official whose decisions or actions are being appealed.

Medical negligence leading to serious consequences

Hello!
I had an operation under the compulsory medical insurance policy in the nasal cavity, radio wave coagulation and lateropexy on the lower nasal turbinates. After the operation I experienced dryness in my nose and throat. I was diagnosed orally with subatrophic rhinitis and pharyngitis at an appointment with a paid doctor 7 months after the operation. The extract indicated that there was hypertrophy on the mucous membrane of the lower nasal concha and the concha were contracting. As far as I know, the shells do not shrink during hypertrophy. I also had a lateropexy done, but in the contract I did not ask for this on my own. What are the chances of winning the trial? Is it possible to contact the investigative committee in my situation? Roman, Novosibirsk now online

Good day! In any case, you need to start by obtaining the conclusion of a forensic expert, or by filing a statement with law enforcement agencies regarding, in your opinion, the illegal actions of the doctors who performed the operation. No one has the right to restrict you from submitting an application to the authorities of the Investigative Committee of the Russian Federation. But to confirm your arguments, you should submit some official documents, best of all, if this is the conclusion of a forensic expert (forensic medical expert). If this is not possible (to obtain an expert opinion), then write a statement to the Investigative Committee, describe the problem in detail, and the investigator, during the pre-investigation check, will schedule your examination by an expert. Good luck!

Negligence of doctors

Hello. The situation is as follows: about 1.5 years ago, my mother had a “female-style” operation, everything seemed to be fine, recently a fever and abdominal pain appeared, we went to the clinic, did all possible tests, ultrasound, kate, the doctors couldn’t do anything to do, I was in the hospital twice, first in the surgical department for 10 days, I was discharged with a fever, then I went back to the doctor and went to the gynecological department, after lying there for another 10 days nothing was done, they gave me a referral to the Regional Hospital for a consultation with a surgeon .we arrived there, took all the tests again and took my mother urgently for surgery, the next day they performed another operation, spent a week in serious condition in intensive care, now they transferred her to the ward. It turned out that during the operation carried out 1.5 years ago, a napkin was left behind, because an abscess began behind the napkins, and as a result of the abscess, the small intestine and bladder began to rot. After all, this was the negligence of the doctors who performed the operation 1.5 years ago?? Tell me, is it possible to do something? Who should I contact?
Kristina, St. Petersburg is online now
Hello, Kristina! First, it is necessary to document the discovery of this napkin so that it does not happen that it, the napkin, simply “goes away,” gets lost, and the medical history “rewrites,” which happens quite often. That is, you need to have a medical history of your mother, in which all this will be described correctly and objectively. After this, you will need to very competently contact the prosecutor’s office with a statement to initiate a criminal case for causing harm to health. As part of the investigation, demand the appointment and conduct of a forensic medical examination of the severity of harm to health. Qualification depends on the results of this examination; questions for the approval of experts must be drawn up very carefully. There is no point in contacting the police with this issue; they will refuse to initiate an investigation; then appealing to the prosecutor’s office is a waste of time.

Presence of a crime

For all of the above characteristics, the corpus delicti is obvious if there is:

• Objective signs (laziness, inattention to the patient, incorrect assessment of the severity of his condition, leading to negative consequences). This cause and effect relationship is obvious.
• Subjective signs (presence of a specific culprit from among the medical staff).
• Signs of damage (facts of death or deterioration of the patient’s condition as a result of medical manipulations).

Signs of qualification

Negligence of doctors

Qualifying signs, the presence of which is the basis for toughening the punishment, are prescribed in Art. 293 of the Criminal Code of the Russian Federation. These include:

1. A situation where serious harm to health or death is caused as a result of inappropriate behavior of medical personnel.
2. Article 293 of the Criminal Code of the Russian Federation speaks of causing death or damage to health not to one, but to two or more persons, as a sign of special qualification. The death of a child is not particularly qualifying.

Please note that the death of a pregnant woman or minor child is not considered a qualifying factor.

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When investigating medical malpractice cases, it does not matter who was harmed by the actions. Death or serious consequences for a child, an elderly person or a disabled person are assessed and punished according to the same objective criteria.

How to prove a doctor's guilt in the death of a patient due to his negligence

First of all, it is necessary to appeal to the patient’s medical card and his medical history. After all, the negligent attitude of doctors can consist not only in an erroneous choice of treatment method, but also in an incorrect diagnosis.

In addition, medical negligence leading to the death of a patient is reliably established through forensic medical examinations. In some cases, it is necessary to carry out several of them in order to fully clarify the truth.

In some cases, exhumation of the body is required so that experts can conduct their research. This entire process must be carried out in full compliance with the norms of the Criminal Procedure Law.

If an accident occurs due to medical negligence, seek legal advice from an attorney. He will be able to set priorities and suggest the right course of further action.

If the careless attitude of doctors led to the death of the patient, Article 293 of the Criminal Code will be the main one for the investigative authorities. At the same time, it is possible that the actions of doctors can be qualified under other provisions of the criminal law.

For example, when the carelessness of doctors led a patient to a coma, then charges can be brought under other articles.

Difficulty in investigating cases of medical negligence

Investigating medical negligence cases is always very difficult. In each case, they carry a lot of individual traits. Sometimes such cases are initiated against experienced doctors who have extensive experience, a lot of positive reviews and a long history of successfully performed operations. Often the reason for this is only the deterioration of the doctor’s well-being, his fatigue, in which case he will be justified. But if medical negligence occurred due to his arrogance, then it will be more difficult to escape criminal punishment.

But in all cases the difficulty is to prove:

1. Presence of direct intent;
2. Obviously predictable unprofessional behavior when making a diagnosis and prescribing treatment.

It can also be difficult to prove criminal negligence in the actions of nurses and midwives. As a rule, they all claim that they “did everything possible” for the patient. And only an in-depth examination can sometimes prove, for example, that the dose of a medicinal product has been exceeded, that the patient has not been identified as having allergic reactions to the components of the drug, etc.

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What medical errors have to be proven most often?

As a rule, interested parties turn to experts to prove errors:

• In the management of pregnancy and childbirth.
• Therapeutic services.
• Dental care.
• Consequences of vaccination.
• Consequences after surgery.
• Determination of disability.

The accusation of medical negligence requires specifics. During the investigation, it is necessary to establish which instructions were violated, what action led to the consequences, and whether the doctor, within the framework of his duties, could have avoided negative consequences for the health and life of the patient. This is what the examination helps establish.

The responsibilities of a health worker are not unlimited. Their range is prescribed in legal acts, job descriptions, orders and regulatory documents.

Claims against a doctor that go beyond the scope of his powers, as well as the absence of such a legal act drawn up in the proper manner, exempt the medical worker from liability for negligence.

How to understand: medical error or negligence?

Negligence of doctors

You always need to see the fundamental difference between the criminal negligence of a doctor and his professional error.

In the first case, a specialist can foresee the consequences that certain actions or inaction on his part may lead to. That is, a medical worker obviously knows what to do in order to prevent negative consequences, can predict exactly how the situation will develop, but deliberately commits violations, which leads to negative consequences.

This means that his act, from a legal point of view, cannot be regarded as accidental causing death or serious bodily harm. Even if his belated health measures had a good purpose to correct the situation.

If a doctor foresaw the deadly consequences of his actions, then he will not be able to prove that it was an error and not criminal medical negligence.

In the second case, the doctor does everything possible to help the patient, believing his actions to be correct and useful. This act falls under the definition of causing damage to the life or health of a patient through negligence.

When is a doctor not liable for a medical error?

He will not be held liable if:

• Low qualifications did not allow the medical worker to provide the necessary assistance.
• The specialist was not able to carry out medical procedures due to interference from third parties.
• Medical services were provided under the influence of extreme external factors (war, terrorist attacks, natural disasters).

Often, the personal qualities of a doctor, showing his positive sides, can influence the court’s decision.

Time limits for consideration of a claim on its merits

Remember! The current legislation of the Russian Federation has not established time limits for conducting trials in cases of this category. Thus, the courts have the opportunity to allow the parties to the case to familiarize themselves with documents, collect evidence, and prepare for consideration of the case on the merits.

Based on the norms enshrined in Article 227 of the Criminal Procedure Code of the Russian Federation, the judge appointed by the chairman of the court to consider the case on the merits independently determines the date for which the court hearing is scheduled. When setting this date, the judge takes into account the complexity of the case under consideration, the workload of the court, the volume of documents and other circumstances.

The date of the first court hearing must be determined within 30 days from the date of receipt of the statement of claim. If one of the parties to the case is taken into custody, this period is reduced to 14 days.

Where to complain about medical negligence?

If a conflict situation arises, you must first contact the head physician of the institution where the patient was provided with inappropriate care. In addition, you must write a statement to one of the bodies for the protection of the legal rights of citizens:

1. To one of the structural departments of the Ministry of Health.
2. To the insurance company where the patient is insured.
3. Roszdravnadzor body (territorial division).
4. To the prosecutor's office.

In order for the case to be carried out successfully, we advise you to hire a professional lawyer who will handle it from beginning to end.

Rules for writing an application

Traditionally, the body to which the document is sent is indicated in the upper right corner:

• Name and address of the institution where the application is sent;
• Full name, address and telephone number of the applicant.

A detailed description of the case of medical negligence, which includes:

• Patient's name;
• Full name of the doctor who prescribed treatment measures;
• The time period during which the treatment took place;
• Procedures and drugs used for treatment, manipulations by a healthcare worker;
• Cases of communication with a doctor and his explanation of the patient’s condition, his diagnosis and treatment methods;
• The reaction of the head physician to complaints, if there were any appeals to him;

The following are the requests and demands of the applicant:

1. Please find out what exactly led to the deterioration of the patient’s condition or his death.
2. A request to hold the doctor accountable if the inspection reveals signs of neglect of duty.
3. Requirements for compensation by a medical worker for harm - physical, moral and material (if his guilt is proven).

At the end of the statement:

1. List of attached documents.
2. The phrase that the applicant has been notified of liability for knowingly false denunciation.
3. Date, signature of the applicant (plaintiff).

The document is accompanied by copies of all possible documents relevant to this application and capable of shedding light on the situation. A list of them should be included in the application.

The statement is written in as many copies as there are parties involved in the conflict: for the court, the plaintiff and the accused. Don't forget to make copies of the application.

An investigation into a claim of medical negligence is carried out as usual. If there is an application to the court, then it is possible for the parties to enter into a settlement agreement in pre-trial proceedings.

The application is considered no more than 30 days, the applicant is notified in writing of the results.

Filing a complaint about medical negligence to the prosecutor's office

A complaint to the prosecutor's office about the negligence of hospital doctors, just like a complaint to the prosecutor's office against a medical institution, is drawn up in free form. However, the document must include the required components:

• name of the body to which the complaint is sent;
• personal and contact details of the applicant;
• a description of the past (or current) event showing the physician's negligence;
• evidence that can confirm what is stated in the complaint;
• applicant's requirements;
• a list of documents and other evidence attached to the complaint;
• date and signature of the applicant.

The complaint can be sent by regular mail (preferably by registered mail for tracking purposes) or via the Internet. An oral appeal to the prosecutor's office is possible, but in this case it is possible that essential details of the situation will be missed, which will be important for verification.

The standard period for reviewing an application is 30 days, but if it does not require additional checks and clarifications, the period is reduced by half. The answer is always given officially in writing, even if the appeal was oral.

Consequences for the medical professional

Liability under Article 293 of the Criminal Code of the Russian Federation begins when the perpetrator of negligence reaches the age of 16, subject to his full sanity.

For a medical worker who has committed negligence, measures may be taken that do not only and not always involve criminal prosecution. Through the head physician, he may be reprimanded, reprimanded, etc. As a last resort, dismissal. In financial terms, he may be punished in the form of deprivation of the bonus.

Moreover, the entire medical institution may be subject to similar disciplinary measures from, for example, the insurance company with which it has an agreement. They imply fines, and in the form of extreme guilt - liability under Article 293 of the Criminal Code of the Russian Federation.

The very negligence of a doctor according to the law (under Article 293 of the Criminal Code of the Russian Federation) is punishable by imprisonment for up to 5 years with a ban on engaging in professional activities for up to 3 years. Of course, the specific punishment is determined by the court, based on the complex of evidence collected.

Please note that Russian legislation is constantly changing and the information written by doctors may become outdated. In order to resolve the issue you have regarding Criminal Law, we advise you to seek the advice of a lawyer in support of the site. To do this, use the form below or contact the specialist directly on the right side of the screen.

Subjective moments

Many lawyers insist that this crime was committed by an official through negligence and inattention. The doctor did not want the patient to be harmed, much less want him to die. All this is clear that there was no intent to cause significant harm.

Then the question arises, why did this happen? After all, if the doctor had followed the instructions and paid more attention to the patient, then such an incident could have been avoided.

When a doctor intentionally harms a patient, this will be considered as a planned action by a health care worker. This means that a different criminal article will be applied to such acts.

Worth knowing! Only a responsible physician who holds a certain position can be brought to justice, that is, found guilty under criminal article 293 for negligence. That is, he performs medical duties.

Let's give an example from practice. The doctor prescribed the patient a medication that must be administered by injection.

The nurse responsible for following the doctor's instructions administered the medication as prescribed to the patient.

The latter, after the injection, felt unwell, he began to have an allergic reaction, and began to choke. Next is the death of the patient.

In this situation, the nurse cannot be blamed for anything, since she followed the instructions of the attending doctor. But the doctor may be punished if the patient’s chart contains a record of intolerance to the prescribed medication.

This means that the medical specialist did not carefully study the patient’s medical history. There is a medical error in the form of negligence here.

Part two of Article 293 of the Criminal Code of the Russian Federation will be applied to the guilty person.