Shifting blame from the actions of the accused to medical professionals

Abstract

A constant, clear trend is observed toward the appointment of forensic medical examinations in criminal and civil claims to healthcare institutions and individual medical workers. In some cases, criminal cases were initiated against medical workers without sufficient grounds. In their grief, relatives are not always able to objectively assess the actions of medical workers, which is often the reason for contacting investigative and judicial instances. Lawyers also support them in this. Often, medical workers receive complaints because they do not know how to properly explain to the patient and relatives the complexity of the situation and insist on hospitalization. All this is taken into service by lawyers, including medical professionals. Thanks to their actions, the prosecutor’s office, investigation, and courts are forced to do unnecessary and not always necessary work. All the above has become more often manifested during the investigation and trials to mitigate the guilt of the accused in criminal cases that harm health. The defendant or the representative of the defense declares that the consequences of the injury caused to the victim or the death of the victim are the result of the improper actions of medical workers, that is, the victim received inappropriate medical care. Explaining the purpose pursued by these people is difficult. However, such statements only lead to a delay in investigative actions and trials, appointment of additional, and sometimes repeated, forensic medical examinations, including commissions. In court hearings, not only forensic medical experts who conducted examinations are called witnesses to the incident but also medical workers. The presented work provides an expert observation of the death of a 4-year-old child. During the investigation and trial, the issue of inappropriate medical care arose, and a forensic medical examination commission was appointed. The forensic medical examination revealed that the child received appropriate medical care and had no connection with bodily harm.

Keywords

mechanical asphyxia / child abuse / emergency / health care / forensic medical examination

References

[1] Barinov EKh, Romodanovsky PO, Cherkalina EN, et al. Medical and legal awareness of medical workers (monograph). Moscow: JurInfoZdrav; 2011. 119 р. (In Russ).

[2] Баринов Е.Х., Ромодановский П.О., Черкалина Е.Н., и др. Медико-правовая осведомленность медицинских работников (монография). Москва: ЮрИнфоЗдрав. 2011. 119 с.

[3] Barinov EKh, Romodanovsky PO, Cherkalina EN, et al. Medical and legal awareness of medical workers (monograph). Moscow: JurInfoZdrav; 2011. 119 р. (In Russ).

[4] Barinov EKh, Getsmanova IV, Pozdeev AR. The practice of applying special knowledge of forensic medicine in court (monograph). Moscow: Prospekt; 2017. 176 р. (In Russ).

[5] Баринов Е.Х., Гецманова И.В., Поздеев А.Р. Практика применения специальных познаний судебной медицины в суде (монография). Москва: Проспект, 2017. 176 с.

[6] Barinov EKh, Getsmanova IV, Pozdeev AR. The practice of applying special knowledge of forensic medicine in court (monograph). Moscow: Prospekt; 2017. 176 р. (In Russ).

[7] Kalinin RE, Barinov EKh. The use of alternative sources of data in forensic medical expertise on the materials of "medical" cases (monograph). Moscow: Prospekt; 2023. 176 р. (In Russ).

[8] Калинин Р.Э., Баринов Е.Х. Использование альтернативных источников данных в судебно-медицинской экспертизе по материалам «врачебных» дел (монография). Москва: Проспект, 2023. 176 с.

[9] Kalinin RE, Barinov EKh. The use of alternative sources of data in forensic medical expertise on the materials of "medical" cases (monograph). Moscow: Prospekt; 2023. 176 р. (In Russ).

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