ON SOME FEATURES OF THE ASSESMENT OF THE FORENSIC MEDICAL EXAMINATION APPOINTED TO ESTABLISH A MEDICAL ERROR

The article examines the issues of evaluating forensic medical examinations conducted in criminal cases related to poor-quality medical care. The problem of determining the guilt of specific persons in committing an iatrogenic crime in the content of a forensic medical examination is presented. A more complete differentiation of the competence of the investigator and the expert is required. A brief description of the non-identity of forensic medical examination and medical examination of the quality of medical care was carried out according to such criteria as goals, regulatory consolidation, procedure for conducting. The latter may also fall into the sphere of criminal prosecution. In this case, the assessment of the medical examination of the quality of medical care is carried out according to the same rules as the forensic medical examination. The main types of errors made by experts when conducting forensic medical examinations in cases against doctors are considered. These include the lack of conclusions on the questions posed, the irrelevance of regulatory sources, ignoring factual data. Practice shows that in some cases, the only way to correct errors in the examination is to conduct another (or additional) forensic examination. The paper reflects the frequently encountered problems in the assessment of examinations, such as the complexity of the medical language (the presence of a large volume of special terms), the implication of cause-and-effect relationships between medical intervention and the negative consequences that have occurred, as well as the presence of a reasonable risk during procedures and manipulations. It is proposed to involve a specialist during the assessment of the forensic medical examination by the investigator.

investigation of iatrogenic crimes, causal relationships, forensic medical examination, medical examination of the quality of medical care, assessment of examination by the investigator, errors in forensic medical examination, additional examination, cases of mandatory examination, medical law, clinical recommendations

Kazakova A. V. On some features of the assesment of the forensic medical examination appointed to establish a medical error. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;4(65):185—190. DOI: 10.25683/VOLBI.2023.65.780.