Pub Date : 2020-10-29DOI: 10.18690/mls.13.2.153-172.2020
E. Bokal, Urban Vrtačnik
Multiple sclerosis (MS) is an autoimmune inflammatory disorder of the central nervous system. It is common in the reproductive period and can lead to infertility and significant disability. The treatment on multiple sclerosis is recently more successful and enables better quality of life, therefore rising hope and desire for the future parents, also in terms of successful infertility treatments. In this context the couples should be managed concerning the detrimental effect of the disease itself on fertility, detrimental effect of the drugs used for treatment on gonads and in terms of the implementation of drugs used for ovarian stimulation and their impact on the basic disease (MS). Article finds solutions on the legal outcomes in situations where infertility treatments may negatively impact the progress of MS, as well as the solutions on how to (successfully) provide infertility treatments to the patients with MS. It proposes interdisciplinary approach between gynecologists and neurologists to perform required weighting of benefits and risks (burdens), deriving from specific action or treatment, whereas for the patients who shall not undergo infertility treatments due to their medical status, related to MS, it proposes storage of gametes under conditions, set by the law.
{"title":"Impact of Multiple Sclerosis on Infertility and Impact of Infertility Treatments on Multiple Sclerosis Relapses in Slovenia: Medical Outline, Legal and Ethical Outcomes","authors":"E. Bokal, Urban Vrtačnik","doi":"10.18690/mls.13.2.153-172.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.153-172.2020","url":null,"abstract":"Multiple sclerosis (MS) is an autoimmune inflammatory disorder of the central nervous system. It is common in the reproductive period and can lead to infertility and significant disability. The treatment on multiple sclerosis is recently more successful and enables better quality of life, therefore rising hope and desire for the future parents, also in terms of successful infertility treatments. In this context the couples should be managed concerning the detrimental effect of the disease itself on fertility, detrimental effect of the drugs used for treatment on gonads and in terms of the implementation of drugs used for ovarian stimulation and their impact on the basic disease (MS). Article finds solutions on the legal outcomes in situations where infertility treatments may negatively impact the progress of MS, as well as the solutions on how to (successfully) provide infertility treatments to the patients with MS. It proposes interdisciplinary approach between gynecologists and neurologists to perform required weighting of benefits and risks (burdens), deriving from specific action or treatment, whereas for the patients who shall not undergo infertility treatments due to their medical status, related to MS, it proposes storage of gametes under conditions, set by the law.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"51 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89502892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-29DOI: 10.18690/mls.13.2.123-152.2020
S. V. Potapenko, Evgeniy Borisovich Luparev
The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.
{"title":"Jurisdictional Control in the Sphere of Public Health Protection in the Russian Federation","authors":"S. V. Potapenko, Evgeniy Borisovich Luparev","doi":"10.18690/mls.13.2.123-152.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.123-152.2020","url":null,"abstract":"The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"14 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79075794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-29DOI: 10.18690/mls.13.2.197-216.2020
R. Konnon, S. Semyatov, Muhammednazar Soyunov, Zalina Sokhova, T. Zulumyan
The maternal mortality ratio in the Republic of Benin in 2015 was still high – 405 per 100,000 live births. The delay in consultation and timely treatment, unavailability of medical facilities and lack of skilled care are the principal factors contributing to maternal deaths in Benin. Consequently, the rate of such preventable causes of maternal deaths like obstetric haemorrhage (38.40 percent and pre-eclampsia/eclampsia (14.30 percent) remains high in the country, and even HIV continued being one of the indirect causes of maternal deaths in 2017 – one percent. High rate of complications associated with pregnancy and birth in adolescent girls is another cause of maternal deaths in the Republic of Benin. Despite the efforts of the Government aimed at improving health care, it is unlikely that we will achieve the United Nations Sustainable Development Goals 3.1. – the reduction of maternal mortality ratio to less than 70 per 100,000 live births by 2030.
{"title":"Trends on Maternal Mortality in the Republic of Benin and Comparison with the Neighboring Countries","authors":"R. Konnon, S. Semyatov, Muhammednazar Soyunov, Zalina Sokhova, T. Zulumyan","doi":"10.18690/mls.13.2.197-216.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.197-216.2020","url":null,"abstract":"The maternal mortality ratio in the Republic of Benin in 2015 was still high – 405 per 100,000 live births. The delay in consultation and timely treatment, unavailability of medical facilities and lack of skilled care are the principal factors contributing to maternal deaths in Benin. Consequently, the rate of such preventable causes of maternal deaths like obstetric haemorrhage (38.40 percent and pre-eclampsia/eclampsia (14.30 percent) remains high in the country, and even HIV continued being one of the indirect causes of maternal deaths in 2017 – one percent. High rate of complications associated with pregnancy and birth in adolescent girls is another cause of maternal deaths in the Republic of Benin. Despite the efforts of the Government aimed at improving health care, it is unlikely that we will achieve the United Nations Sustainable Development Goals 3.1. – the reduction of maternal mortality ratio to less than 70 per 100,000 live births by 2030.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"6 1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88511877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-29DOI: 10.18690/mls.13.2.237-262.2020
A. Koželj, Maja Strauss, M. Strnad
Nurses are always part of the team that performs resuscitation procedures. In this paper the authors explore the influence that resuscitation procedures on nurses who perform them. For data collection, the authors used a survey with a convenience sample of nurses who work in emergency settings. For statistical processing of data, the authors used the calculation of frequency, standard deviation, means, and median. Authors used Spearman's rank correlation coefficient and calculated the p-value. The respondents in the survey completed the Post-Code Stress Scale. The results show that the majority of the respondents experienced resuscitation cases as burdensome situations; however, the level of stress was moderate. Nurses still experience some physical and psychological symptoms during resuscitations.
{"title":"Experiencing Stress among Nurses during Resuscitation Procedure and Legal Obligations for Healthcare Workers in Slovenia","authors":"A. Koželj, Maja Strauss, M. Strnad","doi":"10.18690/mls.13.2.237-262.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.237-262.2020","url":null,"abstract":"Nurses are always part of the team that performs resuscitation procedures. In this paper the authors explore the influence that resuscitation procedures on nurses who perform them. For data collection, the authors used a survey with a convenience sample of nurses who work in emergency settings. For statistical processing of data, the authors used the calculation of frequency, standard deviation, means, and median. Authors used Spearman's rank correlation coefficient and calculated the p-value. The respondents in the survey completed the Post-Code Stress Scale. The results show that the majority of the respondents experienced resuscitation cases as burdensome situations; however, the level of stress was moderate. Nurses still experience some physical and psychological symptoms during resuscitations.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"171 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87287436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-24DOI: 10.18690/mls.13.1.21-44.2020
Jasna Murgel
Although the European Convention on Human Rights (ECHR) does not explicitly lay down the right to health, it can be derived from the long-term jurisprudence of the European Court of Human Rights (ECtHR) which interpreted certain provisions of the ECHR (in particular articles concerning the right to life, the prohibition of torture and inhuman conduct and the right to private and family life). Based on the ECtHR jurisprudence it may be concluded that the ECHR, albeit implicitly, refers to the right to health as well. It regulates negative obligations reflected in the prohibition of interference with a certain right. It can also be interpreted as setting positive obligations of the states to ensure the exercise of the right to health, although the extent of that positive obligation is still not fully defined. The present contribution focuses on a single segment of the right to health in the practice of the ECtHR, i.e. the Court’s interpretation of the state’s responsibility for medical negligence, especially in the last few years.
{"title":"Medical Negliegence and Liability of Health Professionals in the European Court of Human Rights Case Law","authors":"Jasna Murgel","doi":"10.18690/mls.13.1.21-44.2020","DOIUrl":"https://doi.org/10.18690/mls.13.1.21-44.2020","url":null,"abstract":"Although the European Convention on Human Rights (ECHR) does not explicitly lay down the right to health, it can be derived from the long-term jurisprudence of the European Court of Human Rights (ECtHR) which interpreted certain provisions of the ECHR (in particular articles concerning the right to life, the prohibition of torture and inhuman conduct and the right to private and family life). Based on the ECtHR jurisprudence it may be concluded that the ECHR, albeit implicitly, refers to the right to health as well. It regulates negative obligations reflected in the prohibition of interference with a certain right. It can also be interpreted as setting positive obligations of the states to ensure the exercise of the right to health, although the extent of that positive obligation is still not fully defined. The present contribution focuses on a single segment of the right to health in the practice of the ECtHR, i.e. the Court’s interpretation of the state’s responsibility for medical negligence, especially in the last few years.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"14 1","pages":"21-44"},"PeriodicalIF":0.2,"publicationDate":"2020-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87899171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.18690/mls.13.1.67-92.2020
M. Ramšak
The systematic review and analysis of legal acts aims to answer the question if people from diverse ethnic and racial backgrounds in EU Member States have equal access to healthcare and what is the degree of implementation of equal tratment in Slovenia. The overall reason of this analysis is to find the potential gaps in the access to health system for people from diverse ethnic and racial backgrounds and to decrease disparities between dominant and minority groups. Both, EU and Slovenia, prohibit discrimination on the grounds of racial or ethnic origin and have strong measures to combat discrimination on these grounds. Regardless the legislation and special protection, inequalities experienced in the most vulnerable and marginalised groups, such as Roma, migrant workers, asylum seekers, still remain an ongoing challenge.
{"title":"Equal Treatment in Healthcare Irrespective of Racial or Ethnic Origin in the EU and Slovenia","authors":"M. Ramšak","doi":"10.18690/mls.13.1.67-92.2020","DOIUrl":"https://doi.org/10.18690/mls.13.1.67-92.2020","url":null,"abstract":"The systematic review and analysis of legal acts aims to answer the question if people from diverse ethnic and racial backgrounds in EU Member States have equal access to healthcare and what is the degree of implementation of equal tratment in Slovenia. The overall reason of this analysis is to find the potential gaps in the access to health system for people from diverse ethnic and racial backgrounds and to decrease disparities between dominant and minority groups. Both, EU and Slovenia, prohibit discrimination on the grounds of racial or ethnic origin and have strong measures to combat discrimination on these grounds. Regardless the legislation and special protection, inequalities experienced in the most vulnerable and marginalised groups, such as Roma, migrant workers, asylum seekers, still remain an ongoing challenge.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"108 1","pages":"67-92"},"PeriodicalIF":0.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75848023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.18690/mls.13.1.45-66.2020
V. Jakulin
The author discusses criminal offences against public health under the Criminal Code of the Republic of Slovenia. In this Chapter of the Criminal Code, the object of protection under criminal law is human health, i.e. the health of both individuals and people in general as a common (general) value. Although criminal offences against public health are statistically insignificant in the author’s opinion, they are important for protecting human health as one of the most significant values protected by law. Given the rapid development of medicine, it may be expected that the need will arise in the future for some new incriminations. Modern law places an increasing importance on an injured person’s approval for interference with his or her body, which will lead to a different way of assessing the completeness of the essence of several criminal offences, referred to in this Chapter of the Criminal Code.
{"title":"Criminal Offences against Public Health under the Criminal Code of the Republic of Slovenia","authors":"V. Jakulin","doi":"10.18690/mls.13.1.45-66.2020","DOIUrl":"https://doi.org/10.18690/mls.13.1.45-66.2020","url":null,"abstract":"The author discusses criminal offences against public health under the Criminal Code of the Republic of Slovenia. In this Chapter of the Criminal Code, the object of protection under criminal law is human health, i.e. the health of both individuals and people in general as a common (general) value. Although criminal offences against public health are statistically insignificant in the author’s opinion, they are important for protecting human health as one of the most significant values protected by law. Given the rapid development of medicine, it may be expected that the need will arise in the future for some new incriminations. Modern law places an increasing importance on an injured person’s approval for interference with his or her body, which will lead to a different way of assessing the completeness of the essence of several criminal offences, referred to in this Chapter of the Criminal Code.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"7 1","pages":"45-66"},"PeriodicalIF":0.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82350709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.18690/mls.13.2.263-288.2020
Suzana Kraljić, Blanka Kačer
This article is dedicated to community health nursing which today constitutes the indispensable cornerstone of Slovenian and Croatian primary health-care. Authors also stress that community health nursing is recognized of crucial importance for public health and various vulnerable groups (e.g., children, elderly, …) in many other European as well as non-European states. In Chapter 2, the authors represent basic historical milestones in both countries, Slovenia and Croatia, which have common historical roots. In Chapters 3 and 4, the central part of the article, authors analyze the current legal regulation related to community health nursing and thereby give special attention to differences in both national legal regulations. The major difference is given in concessions. Namely in Slovenia, community health nursing can be performed also based on a granted concession, but not in Croatia. In Chapter 5, some legal views on the role of community health nursing in local communities are emphasized (e.g., domestic violence). The last chapter is dedicated to the summarization of the authors’ conclusions, in which they especially stress that the community health nursing in both countries today represents an important key factor for ensuring the constitutional right to health-care.
{"title":"Community Health Nursing in Slovenia and Croatia – Selected Legal Aspects","authors":"Suzana Kraljić, Blanka Kačer","doi":"10.18690/mls.13.2.263-288.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.263-288.2020","url":null,"abstract":"This article is dedicated to community health nursing which today constitutes the indispensable cornerstone of Slovenian and Croatian primary health-care. Authors also stress that community health nursing is recognized of crucial importance for public health and various vulnerable groups (e.g., children, elderly, …) in many other European as well as non-European states. In Chapter 2, the authors represent basic historical milestones in both countries, Slovenia and Croatia, which have common historical roots. In Chapters 3 and 4, the central part of the article, authors analyze the current legal regulation related to community health nursing and thereby give special attention to differences in both national legal regulations. The major difference is given in concessions. Namely in Slovenia, community health nursing can be performed also based on a granted concession, but not in Croatia. In Chapter 5, some legal views on the role of community health nursing in local communities are emphasized (e.g., domestic violence). The last chapter is dedicated to the summarization of the authors’ conclusions, in which they especially stress that the community health nursing in both countries today represents an important key factor for ensuring the constitutional right to health-care.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"58 3 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79802681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-01DOI: 10.18690/mls.13.1.93-104.2020
V. Nikiforov, E. Suvorova, S. Zenin
Increasing the efficiency of risk assessment for the purposes of personal insurance is impossible without using the latest achievements of modern science. This translates into a growing interest in the use of genetic research results by insurers, which manifests itself not only in legislation and insurers’ practices, but also in international recommendations on personal medical data processing for insurance purposes. Based on analysis of foreign practices, the authors determine priority areas of respective legislation development, in particular, legislative recognition of a ban on insurers’ access to genetic data in the context of obligatory medical insurance and group insurance programs; granting insurers the right to use genetic testing results for the purposes of life insurance, personal accident and sickness insurance, voluntary medical insurance, if the sum insured exceeds a statutory threshold. The reported study was funded by Russian Foundation for Basic Research (RFBR) according to Research Project No. 18-29-14056.
{"title":"The Use of Genetic Information in the Implementation of Insurance: Current Problems and Prospects for their Solution","authors":"V. Nikiforov, E. Suvorova, S. Zenin","doi":"10.18690/mls.13.1.93-104.2020","DOIUrl":"https://doi.org/10.18690/mls.13.1.93-104.2020","url":null,"abstract":"Increasing the efficiency of risk assessment for the purposes of personal insurance is impossible without using the latest achievements of modern science. This translates into a growing interest in the use of genetic research results by insurers, which manifests itself not only in legislation and insurers’ practices, but also in international recommendations on personal medical data processing for insurance purposes. Based on analysis of foreign practices, the authors determine priority areas of respective legislation development, in particular, legislative recognition of a ban on insurers’ access to genetic data in the context of obligatory medical insurance and group insurance programs; granting insurers the right to use genetic testing results for the purposes of life insurance, personal accident and sickness insurance, voluntary medical insurance, if the sum insured exceeds a statutory threshold. The reported study was funded by Russian Foundation for Basic Research (RFBR) according to Research Project No. 18-29-14056.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"14 1","pages":"93-104"},"PeriodicalIF":0.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90631276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-04-25DOI: 10.18690/978-961-286-335-7.2
M. Šepec
Medicine is a risky profession where medical professionals have a duty to do anything in their power to help their patients. However, what if a doctor makes a grievous mistake that leads to the death but could have been avoided? Are moral responsibility and apology to patients’ family enough? Should we impose sanctions (civil or criminal) on the doctor who negligently caused the patients’ death? To answer this questions, we present arguments against criminalisation of medical error, where the strongest arguments are uncertainty of medical standards, counterproductive criminalisation seen in defensive medicine, using criminal law as the last resort, and the argument of doctor’s immunity. On the other hand, arguments for criminalisation are obvious negligent treatment with serious consequences, general prevention of future negligent conduct, sanitation of a medical system gone wrong, and the argument of privileged criminal offence. Our conclusion is that criminal law repression of medical malpractice or medical error is justified, however only in the most obvious cases of undisputed negligence or carelessness of a doctor, where his inappropriate conduct has led to a serious deterioration of health of a patient, which could have easily been avoided, if a doctor respected the practice and rules of medical science and profession.
{"title":"Medical Error – Should it be a Criminal Offence?","authors":"M. Šepec","doi":"10.18690/978-961-286-335-7.2","DOIUrl":"https://doi.org/10.18690/978-961-286-335-7.2","url":null,"abstract":"Medicine is a risky profession where medical professionals have a duty to do anything in their power to help their patients. However, what if a doctor makes a grievous mistake that leads to the death but could have been avoided? Are moral responsibility and apology to patients’ family enough? Should we impose sanctions (civil or criminal) on the doctor who negligently caused the patients’ death? To answer this questions, we present arguments against criminalisation of medical error, where the strongest arguments are uncertainty of medical standards, counterproductive criminalisation seen in defensive medicine, using criminal law as the last resort, and the argument of doctor’s immunity. On the other hand, arguments for criminalisation are obvious negligent treatment with serious consequences, general prevention of future negligent conduct, sanitation of a medical system gone wrong, and the argument of privileged criminal offence. Our conclusion is that criminal law repression of medical malpractice or medical error is justified, however only in the most obvious cases of undisputed negligence or carelessness of a doctor, where his inappropriate conduct has led to a serious deterioration of health of a patient, which could have easily been avoided, if a doctor respected the practice and rules of medical science and profession.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"3 1","pages":"47-66"},"PeriodicalIF":0.2,"publicationDate":"2018-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86595784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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