Many have heard or even encountered cases where, in the process of providing medical care (or its failure to provide it), the patient’s health was harmed. The latest high-profile story occurred in the Krasnodar region. Two-month-old Sofya Kulivets was taken to the children's infectious diseases hospital under New Year with a diagnosis of whooping cough. The girl was unsuccessfully placed with a catheter; a blood clot formed in the vessel. The operation was not performed; conservative treatment was prescribed. Two days later, the parents were informed that Sophia had to have her arm amputated.

In relation to this and some other cases, it is often said that the patient suffered due to a “medical error.” But, as a rule, this term is used incorrectly. The fact is that the definition of “error” includes only those actions of a doctor associated with causing harm in which there is no sign of guilt. That is, by calling this or that action a “medical error,” we seem to be admitting in advance that the doctor is not to blame for the deterioration of the patient’s health. Meanwhile, it is the presence or absence of guilt that largely determines whether a doctor can be held accountable.

“Medical errors are incorrect actions or inaction of a doctor in the performance of his professional duties, which are not a consequence of his dishonesty and do not contain elements of a crime or signs of misconduct,” says Anna Egorova, associate professor of the department of civil law and procedure at Moscow University of the Ministry of Internal Affairs of Russia. “... In Unlike a misdemeanor or a medical crime, a medical error cannot be foreseen and prevented, it is not a consequence of the doctor’s negligence in his duties, his ignorance or malicious action. Therefore, for medical errors, regardless of their consequences, the doctor cannot be punished in any way. disciplinary or criminal proceedings."

In general, the legal term “medical error,” as explained by the director of the Omsk Center for Medical Law, Alexey Panov, does not exist. According to him, lawyers use the concept of “inadequate medical care.”

For improper provision of medical care, a private practitioner or medical institution can be held civilly liable, that is, compensation can be demanded. According to Dr. med. sciences, prof. Department of Fundamentals of Legislation in Health Care MMA named after. I.M. Sechenov Oksana Aleksandrova, “for the onset of civil liability, four conditions are necessary: ​​harm, illegality of behavior, cause-and-effect relationship and guilt.”

Alexandrova emphasizes that “illegality” can be associated with a violation of both written regulations and unwritten traditions of medical practice. “If a doctor violates either a normative act or the traditions of medical treatment, then this is already illegal behavior, that is, improper performance of professional duties,” says Alexandrova.

Experts note that resolving the issue of illegality of behavior in medical activities is important for the onset of criminal liability, but for the onset of civil liability it is not of paramount importance, since the determining factor in assessing the actions of a medical worker is the presumption of wrongfulness (illegality) of behavior adopted in civil law, causing harm. In other words, any harm in civil law should be considered unlawful unless the contrary is proven.

However, it will still be necessary to prove the existence of a cause-and-effect relationship between the actions of the doctor and the harm caused to the patient: according to the law, if a person did not cause harm through his behavior (even illegal) or the harm caused is not a consequence of this act, the person’s liability is excluded. This, according to Panov, is the most difficult thing in medical litigation. “It is very difficult to prove the existence of a cause-and-effect relationship between the inappropriate actions of a doctor and the harm caused by these actions, since the evidence is the conclusion of a forensic medical examination, which is carried out by institutions subordinate to health authorities,” explains the director of the Center for Medical Law. .

Another complex issue concerns the guilt of a medical worker whose actions caused harm to the patient. It is on this basis that doctors distinguish between “medical error” and “defect in medical care.” According to Oksana Alexandrova, a medical error is an innocent infliction of harm, and a defect in medical care is a culpable one. The latter concept in this case is identical to what lawyers call “inadequate medical care.” “Responsibility can only be borne for culpable harm,” explains Professor Moscow medical academy named after I.M. Sechenov.

Guilt can manifest itself in two forms: intent or negligence. Let us note that it was for “causing grievous bodily harm through negligence” (Part 2 of Article 118 of the Criminal Code of the Russian Federation) that the prosecutor’s office of the Prikubansky District of Krasnodar opened a criminal case for the amputation of the arm of a two-month-old girl.

According to Oksana Aleksandrova, a doctor cannot be held responsible for innocent causing of harm, since his activities in any case are connected with causing harm: be it a violation of the skin during an injection or operation, by-effect from taking pills or something else. “In our profession, harm is inevitable,” the doctor summarizes. “But this is harm caused by lawful activities in order to prevent even greater harm.”

Only a court can determine a doctor's guilt. This takes into account “the doctor’s internal attitude towards his actions,” that is, whether he was properly attentive and careful, says the MMA professor. “For example, in the 19th century, a doctor could, after listening to a patient with a phonendoscope, diagnose a patient with lung cancer as “pneumonia.” But he did not have an X-ray, he did everything he could, but did not cure the patient. This is a medical error. Today, if a doctor does not take an x-ray and makes an erroneous diagnosis - this is already a defect in medical care, that is, culpable harm,” she explains.

Olga Sukhova,www.rian.ru

The right of citizens to receive quality medical care is stipulated in the current legislation of the Russian Federation. Despite this, it is possible that an unforeseen situation may arise due to the prescription of incorrect treatment or an incorrect diagnosis. A medical error can lead to a deterioration in the patient’s well-being or death. In any case, it should entail punishment from the doctor. What it will be depends solely on the severity of the harm caused.

Medical error is a doctor’s misconception regarding diagnosis, prescription drug treatment resulting in harm to the patient's health.

At the legislative level, the concept of medical error is not fixed. There are also no separate articles providing for punishment for actions committed by a physician.

All cases are considered within the framework of general laws, i.e. Medical workers are judged under the same laws as other citizens.

Medical malpractice is often confused with negligence. However, these are two different concepts. The first involves unintentional harm to the patient’s health due to reasons largely independent of the physician’s capabilities. Negligence, to some extent, requires the physician’s awareness possible consequences of your actions.

The doctor’s mistake is unintentional, i.e. the harm caused to health was not planned by the medical worker in advance, it was the result of a negative combination of circumstances.

The causes of medical error are divided into subjective and objective. The severity of the punishment for the offense depends on them.

Subjective circumstances include circumstances that do not depend on the decisions and actions of the physician (sudden manifestations of allergies, lack of equipment necessary for diagnosis). As a rule, in such situations the physician’s guilt is not admitted.

Objective reasons are more significant.

These include:

• The doctor does not have sufficient work experience;
• Use of outdated treatment methods;
• Insufficient qualification level

An accurate classification of medical errors is difficult, since in some cases they are individual in nature.

As a rule, they most often lead to:

• Causing serious harm to health;
• Unlawful termination of pregnancy;
• Infection with AIDS through negligence

Medical errors also include selling medicines without a license, which led to a deterioration in the patient’s well-being.

Consequences of medical error

The consequences of a medical error can be varied, ranging from causing moral harm to death. The chosen punishment for the physician will directly depend on the severity of the consequences.

As a result of a medical error, the patient may suffer mild, moderate or severe harm, and death is also possible. Any case is considered individually. The most severely punishable offenses are severe harm and death.

The severity of the consequences is determined based on a forensic medical examination. The patient should contact the appropriate authority as soon as possible after causing harm. This will make it possible to record the general condition and determine the severity of the physician’s offense.

Liability for medical malpractice

There are three main types of liability for medical malpractice:

• Disciplinary. The guilty person is punished by the management of the medical organization. It is possible to impose a fine or reprimand work book, dismissal;
• Civil law. Occurs in case of causing moral harm and mild harm;
• . Involves conducting an investigation, filing a lawsuit. Used in case of death, moderate or severe harm

The victim or his official representatives(parents of the child, guardians) have the right to demand from a doctor or medical institution payment of compensation for moral or material damage caused. Its size depends on a number of factors. The final amount is determined in court.

The patient or his representatives may demand payment for subsequent treatment, sanatorium holidays, and rehabilitation.

The severity of the punishment will directly depend on the severity of the consequences of the medical error. Criminal cases can be opened under various articles, including: causing death by negligence, failure to provide assistance to a patient, causing grievous harm to the health of a patient.

Each of them provides its own punishment. As a rule, it consists of deprivation or restriction of freedom, maximum term for four years, as well as deprivation of the right to engage in medical activities for a certain period.

Professional help

Do you have any clarifying questions about the text of the article? Ask them in the comments!

Evidence of medical error and appeal to higher authorities

When faced with a medical error, victims (official representatives) in most cases do not know what to do in the current situation. The first thing you need to do is document the harm. As mentioned above, this can be done through a medical examination. In case of death, a pathologist's report will be required.

It is worth saying that when difficult situations, you should immediately contact the prosecutor's office or the police. Employees of these organizations will accept a statement from the injured party, help collect all the necessary evidence, conduct their own investigation and prepare the case for submission to court.

As evidence of medical error, it is possible to use a forensic medical examination report, a copy medical card the victim, testimony of the personnel of the medical institution, prescriptions and instructions of the attending physician. It is worth saying that employees of a medical institution are required to provide a copy of the patient’s medical card; they cannot refuse from a legal point of view.

In the event that the injured party received minor harm, i.e. It is impossible to open a criminal case; you should contact the management of the medical institution directly with a complaint against the doctor. The administration has the right to punish its employee in accordance with internal rules.

You can download samples of complaints against a doctor on our website:

Subtleties of filing a claim in court

Medical malpractice litigation is considered the most complex. They conceal a lot of nuances in reaching a verdict.

As mentioned above, it is better for the injured party to contact the prosecutor’s office or the police. However, filing a claim in court independently is not ruled out. For this purpose, it is recommended to hire a qualified lawyer who will help collect evidence and protect the interests of his client.

Note that in the event of a medical error, a lawsuit is filed against the guilty person, and not the medical institution. It is not responsible for the consequences of the actions of its employees.

The statement of claim is drawn up in a laconic and restrained style. It states:

• Full name and legal address of the court;
• Defendant's passport details;
• Information about the plaintiff;
• Subject of the trial;
• List of evidence;
• Date and signature of the applicant;
• Number of document copies

The injured party has the right to demand not only criminal punishment of the defendant, but also payment of material compensation. Its amount must be equivalent to the damage caused. As for moral damages, any amount can be claimed, but the final determination of its amount is decided by the judge. The plaintiff may also request compensation for attorney fees.

The plaintiff is exempt from paying state fees. The application and evidence of medical error are submitted to the court secretariat in person or through registered mail. After about a month, the judge schedules a preliminary hearing.

Jurisprudence regarding medical malpractice

Criminal punishment of medical workers for medical errors is quite rare. This is due to shortcomings and gaps in the current legislation. Statistics show that only every fifth case goes to trial.

Examplesmedical malpractice litigation:

• A patient with signs of drug poisoning was admitted to the department of the Kaluga Emergency Hospital. The anesthesiologist on duty conducted an insufficient examination of the patient without prescribing proper treatment. The consequence was that the patient had breathing problems, which led to cardiac arrest and death. The doctor was sentenced to two years of probation under Article 109 of the Criminal Code of the Russian Federation “Causing death by negligence.”
• Two employees of the infectious diseases department of Krasnodar were sentenced to imprisonment for a period of one year under Article 118 Part 2 of the Criminal Code of the Russian Federation “Causing grievous harm to health through negligence.” The reason for the punishment was the incorrect insertion of a catheter into a minor child, which led to arterial thrombosis and amputation of the arm.
• The doctor on duty at the Ussuriysk City Hospital refused hospitalization to a patient with a severe traumatic brain injury. The court sentenced the doctor under Art. 124 Part 2 of the Criminal Code of the Russian Federation “Failure to provide assistance to a patient” to two years of imprisonment with residence in a colony settlement.

Medical malpractice implies that some actions of a health care worker worsened the patient’s condition, and in the worst case, led to his death. How can you prove that a medical error actually occurred? This possibility exists at the legislative level.

Medical error - article in the Criminal Code of the Russian Federation

The Criminal Code of the Russian Federation does not provide for a special crime in relation to medical errors. Inactions, as well as actions of a doctor, as a result of which he is brought to criminal liability, are indicated in the Special Part of the Code.

In the described case, the following conditions must be met:

• Causing serious harm to health or death.
• Illegal behavior of a doctor.
• There is a cause-and-effect relationship between the doctor’s unlawful behavior and the harm.
• The doctor's fault.

That is, criminal liability for medical error occurs only in cases where the patient’s health has been seriously harmed. If the patient received low-quality medical care and his health suffered insignificant harm (of moderate or mild severity), the doctor will not be held criminally liable. The severity of harm is determined based on the results of the forensic examination (forensic medical examination).

Punishment for medical malpractice

If, due to unlawful actions or inactions, medical personnel caused severe harm to the health of the patient or led to the death of the patient, criminal liability arises only for certain elements of the crime provided for in the Special Part.

In accordance with Part 2 of Art. 109 of the Criminal Code of the Russian Federation, a medical error that led to the death of a patient may be punishable by conviction for up to 3 years with or without deprivation of the right to engage in medical activities for the same period.

If the patient’s health was seriously harmed as a result of improper performance of the doctor’s duties, this medical worker may be imprisoned for up to 1 year with or without deprivation of the right to engage in medical activities for the same period.

In addition to the above-mentioned crimes, there are the following types of medical errors that are subject to criminal liability:

1. Illegal abortion, which resulted in the death of the patient or caused serious harm to health (Part 3 of Article 123 of the Criminal Code of the Russian Federation).
2. Infection of a patient with HIV infection due to improper performance of professional duties of a doctor (Part 4 of Article 122 of the Criminal Code of the Russian Federation). A prison term of up to 5 years is provided.
3. Engagement in commercial pharmaceutical activities or medical practice without an appropriate license for these types of activities in cases where this led to harm to health as a result of negligence (Part 1 of Article 235 of the Criminal Code of the Russian Federation). If these types of activities led to the death of the patient, the perpetrators will be punished on the basis of Part 2 of Art. 235 of the Criminal Code of the Russian Federation.
4. Failure to provide assistance to a patient (Article 124 of the Criminal Code of the Russian Federation). In this case, it is enough to cause moderate harm to health due to negligence. If, for this reason, serious harm was caused to the patient’s health or it even led to death, the doctor’s act will be considered a qualified composition (Part 2 of Article 124 of the Criminal Code of the Russian Federation).
5. Negligence. This is improper performance or complete failure to perform duties by an official as a result of dishonest attitude towards work. If the negligence of a health care worker led to harm to the health or death of the patient as a result of negligence, it will be qualified under Part 2 of Art. 293 of the Criminal Code of the Russian Federation.

Important! After a criminal case is initiated, until the judicial investigation, the victim has the right to file a civil claim and demand compensation for property damage caused as a result of the crime, as well as compensation for moral damage. These rights are noted in Art. 44 Code of Criminal Procedure of the Russian Federation.

If the patient has not exercised this right, after the verdict against the perpetrator is passed, claims for compensation for property and moral damage can be demanded in civil proceedings. Based on Part 2 of Art. 306 of the Code of Criminal Procedure of the Russian Federation, if the doctor is not found guilty, the court will refuse to satisfy the claim.

Where to go if there is a medical error?

If you think that after medical procedures If your health has deteriorated, first you need to contact the head of the department of the clinic or hospital where you were treated. If no measures have been taken on his part, you should file a complaint with the head doctor of the same medical institution and you will be assigned another doctor.

But if a medical error causes serious damage to health, the appearance of another disease or disability, the doctor can be held accountable for his unprofessionalism. To do this, you need to contact either the city Health Department, or the Ministry of Health of this constituent entity of the Russian Federation, or insurance company, which provided you with the compulsory medical insurance policy.

To obtain compensation for property and moral damage caused to your health, you should contact a judicial authority.

Important! Also, regarding a medical error that caused serious harm to health, you can draw up and submit an application to the prosecutor's office.

Of course, the claims and facts indicated in it must be confirmed by an independent medical examination. A prosecutor's inspection may lead to the initiation of a criminal case against the violator. If, as a result of the proceedings, it is proven that a medical error occurred, this may lead to imprisonment of the perpetrator.

Consequences of medical errors

The consequences of a medical error can be different. And at certain points, a medical error leads to the need for expensive treatment and expensive rehabilitation measures. And these are additional financial expenses, the cause of which is the doctor himself.

Important! In any case, the patient has the right to compensation for harm to health caused by a medical error.

To be held accountable for such a mistake and to receive compensation for personal injury, you can contact professional lawyers who specialize in such cases.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

The Criminal Code of the Russian Federation does not provide for a special crime in relation to medical errors. Inactions, as well as actions of a doctor, as a result of which he is brought to criminal liability, are indicated in the Special Part of the Code.

In the described case, the following conditions must be met:

• Causing serious harm to health or death.
• Illegal behavior of a doctor.
• There is a cause-and-effect relationship between the doctor’s unlawful behavior and the harm.
• The doctor's fault.

That is, criminal liability for medical error occurs only in cases where the patient’s health has been seriously harmed. If the patient received poor-quality medical care and his health suffered minor harm (of moderate or mild severity), the doctor will not be held criminally liable. The severity of harm is determined based on the results of the forensic examination (forensic medical examination).

Punishment for medical malpractice

If, due to unlawful actions or inactions, medical personnel caused severe harm to the health of the patient or led to the death of the patient, criminal liability arises only for certain elements of the crime provided for in the Special Part.

In accordance with Part 2 of Art. 109 of the Criminal Code of the Russian Federation, a medical error that led to the death of a patient may be punishable by conviction for up to 3 years with or without deprivation of the right to engage in medical activities for the same period.

If the patient’s health was seriously harmed as a result of improper performance of the doctor’s duties, this medical worker may be imprisoned for up to 1 year with or without deprivation of the right to engage in medical activities for the same period.

In addition to the above-mentioned crimes, there are the following types of medical errors that are subject to criminal liability:

Important! After a criminal case is initiated, until the judicial investigation, the victim has the right to file a civil claim and demand compensation for property damage caused as a result of the crime, as well as compensation for moral damage. These rights are noted in Art. 44 Code of Criminal Procedure of the Russian Federation.

If the patient has not exercised this right, after the verdict against the perpetrator is passed, claims for compensation for property and moral damage can be demanded in civil proceedings. Based on Part 2 of Art. 306 of the Code of Criminal Procedure of the Russian Federation, if the doctor is not found guilty, the court will refuse to satisfy the claim.

Where to go if there is a medical error?

If you think that your health has deteriorated after treatment, you first need to contact the head of the department of the clinic or hospital where the treatment was carried out. If no measures have been taken on his part, you should file a complaint with the head doctor of the same medical institution and you will be assigned another doctor.

But if a medical error causes serious damage to health, the appearance of another disease or disability, the doctor can be held accountable for his unprofessionalism. To do this, you need to contact either the city Health Department, or the Ministry of Health of this constituent entity of the Russian Federation, or the insurance company that provided you with the compulsory medical insurance policy.

To obtain compensation for property and moral damage caused to your health, you should contact a judicial authority.

Important! Also, regarding a medical error that caused serious harm to health, you can draw up and submit an application to the prosecutor's office.

Of course, the claims and facts indicated in it must be confirmed by an independent medical examination. A prosecutor's inspection may lead to the initiation of a criminal case against the violator. If, as a result of the proceedings, it is proven that a medical error occurred, this may lead to imprisonment of the perpetrator.

Consequences of medical errors

The consequences of a medical error can be different. And at certain points, a medical error leads to the need for expensive treatment and expensive rehabilitation measures. And these are additional financial expenses, the cause of which is the doctor himself.

Important! In any case, the patient has the right to compensation for harm to health caused by a medical error.

To be held accountable for such a mistake and to receive compensation for personal injury, you can contact professional lawyers who specialize in such cases.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Medical error article of the Criminal Code of the Russian Federation

According to statistics, every year in Russia from 700 to 900 people die from medical errors. The number of complaints to the police about medical dishonesty exceeds 2,500 per year. IN Russian laws There is no concept of “medical error,” so many medical professionals are confident that it is impossible to prosecute for incorrect diagnoses and unsuccessful operations. But there are articles that provide for punishment for improper performance of duties by any official.

The patient died as a result of the doctor’s erroneous actions.

The doctor's actions caused serious harm to the patient's health

Failure to provide assistance to a patient (the patient died)

Illegal termination of pregnancy (the patient is in serious condition or has died)

Infecting a patient with HIV due to improper performance of duties

Due to the doctor's negligence, the patient suffered or died

If, as a result of a medical error, the patient suffered minor or moderate harm to health, the Criminal Code of the Russian Federation provides for punishment in the form of a fine and forced labor. And in each case, a health worker may be prohibited from practicing medicine.

Where to complain about a medical error

The course of action depends on the error results. If a person is injured, is in serious condition or has died, it is necessary to contact the police with a statement of a crime regulated by one of the articles listed above. A criminal case is initiated, which, after a preliminary investigation, ends up in court.

If the police refuse to accept the statement, you need to complain to the prosecutor's office. The prosecutor will conduct an investigation of the doctor’s actions and, based on its results, will go to court.

You can file a claim immediately - this is usually done by patients who have suffered minor (moderate) harm to health and material damage, patients of paid clinics.

Other ways to restore justice

After discovering a medical error, the patient can write a statement to the head of the medical institution. You need to describe the situation, indicate the date, place, and your passport details. The chief physician is obliged to punish employees for improper performance of duties. Even if the manager openly says that he is on the side of his subordinates, demand a written answer or write down the words official on a voice recorder, video.

Another authority where they are obliged to help victims of medical errors is the Mandatory Fund health insurance. It distributes money received from each working owner of a compulsory medical insurance policy among medical institutions. Those who are complained about may have their funding cut.

Judicial practice on medical errors

Winning a lawsuit against a medical institution is not an easy task. Patients do not have access to complete information about their diagnosis, medical history, they cannot pick up a medical card from the medical institution. Therefore, it costs nothing for a doctor who is accused of a mistake to destroy the incriminating information. To have a chance at a court decision in his favor, the patient must:

• file a claim (or contact the police) as quickly as possible;
• order an independent examination to obtain evidence of your innocence;
• seek help from a medical lawyer.

In a lawsuit, the victim may demand not only punishment for the doctor, but also compensation for moral, material damage, treatment costs and lost earnings.

How can a lawyer help?

The task of a medical lawyer is to prove that the patient was harmed due to the incompetence and negligence of the doctor and that successful treatment was possible for this diagnosis. Gathering evidence includes analyzing medical documents, searching for witnesses, and conducting an independent examination. Regularly encountering similar situations, the lawyer knows how doctors cover up the traces of mistakes - so he easily brings them to light.

If you have suffered from a medical error, call us, we will help you achieve justice.

Accidents and medical errors in medical practice - punishment

Unscrupulous work by a doctor is a professional crime. Doctors are also held criminally liable for negligence and negligence.

If there was no intent in the actions of doctors, then they are defined as medical errors. The concept of an accident is defined as an intervention that led to unforeseen circumstances. However, the doctor could not have foreseen these circumstances.

Legal liability for medical error under the Criminal Code of the Russian Federation

Even accidents and medical errors in medical practice do not go unpunished. Most of these unfavorable offenses result in criminal liability.

If the deed medical workers led to the most negative consequences, then the corresponding case can be initiated under Articles 105, 109, 111, 118 of the Criminal Code of the Russian Federation.

Experts identify three main conditions that must be met simultaneously in order for the punishment to be chosen in accordance with criminal liability:

1. The doctor's actions are objectively wrong. They contradict generally accepted rules of treatment.
2. The health worker's education should have enabled him to recognize that the actions were causing harm.
3. The actions led to adverse consequences.

According to the law, for criminal liability to occur, there must be a crime.

What is medical error?

People who have encountered problems with medical care must clearly understand what falls under the concept of medical error. If the doctor’s mistake was conscientious and accidental, then this term can be used.

Misconceptions can be diagnostic, technical and tactical:

• Diagnostic - erroneous finding or not finding a disease;
• Tactical - incorrectly selected indications, incorrectly selected type of operation, incorrect decision about the time of the operation, and so on;
• Technical - improper use of medications, equipment and medical devices.

Another classification distinguishes objective and subjective causes of delusion.

Are doctors' mistakes during childbirth considered a crime?

Punishment for incorrect actions during childbirth is often chosen in accordance with Civil Code. For this punishment, you need to collect a complete package of documents and send a complaint to Roszdravnadzor. If the complaint is upheld, the minimum penalty is a reprimand or dismissal.

To initiate a criminal case, you should contact the prosecutor's office. According to statistics, such requests are very rarely satisfied. Another option is to file a claim in civil court, who will already choose the appropriate punishment.

How to prove medical error?

In order to prove the fact of a medical error, it is necessary to submit an appeal to investigative committee. The statement must indicate the fact of negligence. In it, ask to initiate a criminal case. If the application is refused, an examination will be carried out. If the doctors are found guilty, then compensation for harm can be obtained through the court. Responsibility for this will be borne by entity(hospital).

Where to go if there is a medical error?

Depending on the punishment that you consider fair for the doctor, a complaint against a doctor at a clinic or hospital can be sent to:

• management of the clinic;
• to the authority of the Ministry of Health;
• to the prosecutor's office;
• to court (by writing a claim);
• to the police.

Consequences of medical error

The consequences can be serious: incapacity, disability, new diseases, death. Does a doctor have the right to make mistakes? In the medical community it is believed that it has.

There is no legislation precise definition this concept, and therefore it is not considered punishable. The main thing is that this concept has nothing to do with crime.

Therefore, if incorrect unintentional actions take place, responsibility is determined according to the articles of the criminal code. Practice shows that more serious consequences for doctors are provided for inaction.

Medical error article of the Criminal Code of the Russian Federation

Criminal punishment for medical error is determined according to the following articles:

• Article 105 - if a murder has occurred;
• Article 109 - if death was caused by negligence;
• Article 111 - if intentional serious harm to health is caused;
• Article 118 - if serious harm to health is caused due to negligence.

However, for this you need to have very strong evidence of guilt, because a doctor in Russia officially has the right to make mistakes. Therefore, the collection of evidence must be approached with all responsibility.