Review of the report of improper medical care (pre-investigation check) – what the anesthesiologist and emergency physician should know
https://doi.org/10.21292/2078-5658-2020-17-2-85-89
Abstract
The objective: to raise the awareness of medical professionals about one of the stages of investigation – pre-investigation check.
Results: the article presents the information on the legal aspects of the review of a report on medical crime (pre-investigation check). It outlines potential legal consequences for a physician at this stage of the legal proceedings. Lawyers' advice on the principles of conduct for a medical professional during pre-investigation checks is discussed. Physicians, who are the subject for the review of a report on medical crime are advised to take active participation in the proceedings, to clarify the circumstances of the case and potential legal consequences. At the same time, they are recommended to use affirmative defense based on existing regulations and get experienced lawyers involved.
About the Authors
K. G. Shapovalov
Chita State Medical Academy
Russian Federation
Konstantin G. Shapovalov - Doctor of Medical Sciences, Professor, Head of Anesthesiology, Reanimatology and Intensive Care Department, Honored Doctor of Russia
Russian Federation
Konstantin G. Shapovalov - Doctor of Medical Sciences, Professor, Head of Anesthesiology, Reanimatology and Intensive Care Department, Honored Doctor of Russia
S. A. Sumin
Kursk State Medical University
Russian Federation
Sergey A. Sumin - Doctor of Medical Sciences, Professor, Head of Anesthesiology and Intensive Care Department
Russian Federation
Sergey A. Sumin - Doctor of Medical Sciences, Professor, Head of Anesthesiology and Intensive Care Department
R. A. Yaroslavkin
The College of Lawyers of Kursk Railway District of the Kursk Chamber of Law
Russian Federation
Roman A. Yaroslavkin - Lawyer
Russian Federation
Roman A. Yaroslavkin - Lawyer
References
1. Bagmet А.M. Interrogation tactics in investigating crimes committed by medical personnel. Rassledovanie Prestupleniy: Problemy I Puti Ikh Resheniya, 2017, – № 1 – С. 25–31.
2. Dats А.V., Dats L.S., Sandakov P.I. Assessment of the quality of diagnosis and establishing the causes of acute kidney injury in severe trauma. Zabaikalsky Meditsinsky Vestnik, 2018, no. 3, pp. 21-29. (In Russ.)
3. Malyarchikov А.V., Shapovalov K.G. The investigative experiment in the simulation center. Virtualnye Tekhnologii v Meditsine, 2019, no. 2 (22), pp. 6-7. (In Russ.)
4. Netesin E.S., Gorbachev V.I. On the participation of anesthesiologists and emergency physicians in the forensic medical examination. Messenger of Anesthesiology and Resuscitation, 2019, no. 6, pp. 74-80. (In Russ.)
5. Panov А., Korshunov А. Principles of conduct when talking to the investigator: how physicians can avoid getting to the court. Pravovye Voprosy v Zdravookhranenii, 2018, no. 7, pp. 30-42. (In Russ.)
6. Pecherey I. The Investigative Committee has created special units for medical crimes. How should medical professionals get prepared for communication with investigators. Zdravookhraneniye, no. 4, 2019, pp. 20-31. (In Russ.)
7. Sumin S.A. Legal consequences of the unfavorable treatment outcome. Anesteziologiya i Reanimatologiya, 2018, no. 1, pp. 4-8. (In Russ.)
8. Criminal Procedure Code of the Russian Federation dated 18.12.2001. No. 174-Fz (ed. from 04.11.2019). (In Russ.)
9. Unzhakov V.V., Gorbachev V.I. Specific parameters of protection of rights of anesthesiologists and emergency physicians at the stage of preliminary investigation. Information from the legal committee of the Federation of Anesthesiologists and Resuscitators. Vestnik Intensivnoy Terapii Im. А.I. Saltanova, 2019, no. 3, pp. 42-45. (In Russ.)
10. Federal Law no. 323-FZ as of 21.11.2011 On Basics of Health Care for Citizens of the Russian Federation. (In Russ.)
Review
For citations:
Shapovalov K.G., Sumin S.A., Yaroslavkin R.A. Review of the report of improper medical care (pre-investigation check) – what the anesthesiologist and emergency physician should know. Messenger of ANESTHESIOLOGY AND RESUSCITATION. 2020;17(2):85-89. (In Russ.) https://doi.org/10.21292/2078-5658-2020-17-2-85-89
Email this article 