Forensic Medical Examination of the Quality of Medical Care: Legal, Methodological and Ethical Issues

Authors

  • Ekaterina Pavlovna Grishina Candidate of Law, Associate Professor, Federal State Budgetary Educational Institution, Moscow Pedagogical State University. Author
  • Svetlana Valentinonva Shiryaeva Associate Professor, Department of Criminal Law Disciplines, Institute of Social and Humanitarian Education, 119571. Russia. Moscow. Vernadskiy Prospect 88. Author
  • Natalia Aleksandrovna Sheiafetdinova Associate Professor, Institute of Law and National Security, Russian Presidential Academy of National Economy and Public Administration, Vernadskiy Prospekt, 84. Author
  • Andrey Aleksandrovich Solovyev Moscow State Pedagogical University, Deputy Chairman of the State Commercial Tribunal of Moscow Region, Doctor of Science (Law). Professor, Kutafin Moscow State Law University, Moscow, Russia. Author

DOI:

https://doi.org/10.61841/xw2mxd21

Keywords:

Medical Care, Medical Service, Examination of Quality of Medical Care, Expert, Treatment, Patient, Patient, Doctor, Medical Staff, Negligence, Causing Death by Negligence, Causing Harm to Health, Medical History, Initiation of Criminal Proceedings, Criminal Proceedings, Civil Proceedings, Responsibility, Business Reputation, Competence, Moral Aspects, Victim, Victim.

Abstract

 Qualified medical care is a fundamental component of the social policy of any civilized state in which a person, his life and health are recognized as the highest indisputable value and a special object of legal protection. Qualified medical care is the most important, but not the only segment of activity in the field of health care, because this assistance must be, first of all, timely, as well as quality at all levels: from examination, diagnosis and treatment, performing purely medical manipulations – to care, rehabilitation and restoration of vital functions, provided by the efforts of nurses. Poor or untimely medical care can lead to irreversible consequences for the patient: the transition of the disease to a chronic form, disability and even death. At the same time, it should be recognized that there may be situations in which, for objective or subjective reasons, even with the proper provision of medical care and services of the same name, it is not possible to cure, and sometimes to save the patient. A person whose health has deteriorated, and persons who have lost loved ones and loved ones because of an incurable disease, it is difficult to accept their situation, to realize that doctors have done everything they could, but medicine in such a situation was powerless. Unwillingness to objectively assess the situation often leads to an appeal to various state bodies (departmental, judicial and law enforcement) with a request to investigate the event, certainly to find and punish the perpetrators. One of the effective scientific and practical ways of objective resolution of such disputes is a medical examination of the quality of medical care. 

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References

[1] The international code of medical ethics (Geneva, Switzerland, October 1949). [Online]. http://www.medpravo.ru/Ethics/seventh1.htm.

[2] The Constitution of the Russian Federation adopted by popular vote 12.12.1993 (as amended on

21.07.2014) // Collected legislation of the Russian Federation. 04.08.2014 № 31. P. 4398.

[3] Federal Law of the Russian Federation of 21 November 2011 № 323-FL "About bases of health protection

of citizens in Russian Federation" (amended on July 03.08.2018). The Russian newspaper № 263,

23.11.2011.

[4] Federal Law of 31.05.2001 "On State Forensic Expert Activities in the Russian Federation" (revised as of

03.08.2015). Rossiyskaya newspaper № 106, 05.06.2001.

[5] The Civil Procedure Code of the Russian Federation of 14.11.2002 (amended on 28.12.2017). Rossiyskaya

newspaper № 220, 20.11.2002.

[6] Criminal procedure code of the Russian Federation from 18.12.2001 (amended from 29.12.2017). The

Russian newspaper № 249, 22.12.2001.

[7] The Civil Code of the Russian Federation. Part 1. Of 30.11.1994 (as amended on December 29, 2017). The

Russian Newspaper № 238-239, 08.12.1994.

[8] Federal Law of 29.11.2010 "On mandatory medical insurance in the Russian Federation" in edition from

28.12.2016. [Electronic resource]. The official Internet portal of legal information. URL:

http://www.pravo.gov.ru.

[9] Order of the Ministry of Health of Russia "On the approval of criteria for assessing the quality of care" from

10.05.2017 № 203 n [Electronic resource]. The official Internet portal of legal information. URL:

http://www.pravo.gov.ru.

[10] Order № 11771 of the Ministry of Health of the Russian Federation of December 20, 2012 "On the

approval of the procedure for giving informed voluntary consent to medical intervention and for refusing

medical intervention with regard to certain types of medical interventions, forms of informed voluntary

consent to medical intervention and forms of refusal to intervene". Russian newspaper № 145, 05.07.2013.

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Published

31.10.2019

How to Cite

Pavlovna Grishina, E., Valentinonva Shiryaeva, S., Aleksandrovna Sheiafetdinova, N., & Aleksandrovich Solovyev, A. (2019). Forensic Medical Examination of the Quality of Medical Care: Legal, Methodological and Ethical Issues. International Journal of Psychosocial Rehabilitation, 23(4), 668-679. https://doi.org/10.61841/xw2mxd21