Medical Errors in Health Care Institutions: an Interdisciplinary Study of the Competences of Specialists Based on Medical and Pharmaceutical Law

SSP Modern Law and Practice Pub Date : 2023-12-14 DOI:10.53933/sspmlp.v3i4.121

Valentyn Shapovalov

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Abstract

In global medical practice, physicians have faced criminal charges such as manslaughter, reckless endangerment, or negligent homicide following fatalities of patients. A comprehensive and interdisciplinary study was carried out, involving forensic and pharmaceutical, medical and immunological, as well as criminal and legal expertise. This study focused on the competencies of healthcare facility professionals, guided by medical and pharmaceutical law within the legal framework of interactions between doctors, patients, pharmacists, and lawyers. It specifically addressed medical mistakes made in the field of gynecology. The research encompassed an analysis of how leading countries worldwide handle medical errors. It categorized common medical missteps, including hazardous surgical methods, infections from medical care, diagnostic inaccuracies, and risky blood transfusions. The forensic and pharmaceutical practices related to gynecological medical errors were scrutinized. Furthermore, the study led to the proposition of normative initiatives for amendments and additions to Article 140 of the Criminal Code of Ukraine, aiming to address these issues more effectively.

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医疗机构中的医疗事故：基于医疗和制药法的专家能力跨学科研究

在全球医疗实践中，医生在病人死亡后面临过失杀人、鲁莽危害或过失致人死亡等刑事指控。我们开展了一项跨学科的综合研究，涉及法医和制药、医学和免疫学以及刑事和法律专业知识。这项研究的重点是医疗机构专业人员的能力，在医生、患者、药剂师和律师之间互动的法律框架内，以医疗和制药法为指导。研究特别针对妇科领域的医疗失误。研究分析了世界主要国家如何处理医疗事故。它对常见的医疗失误进行了分类，包括危险的手术方法、医疗护理造成的感染、诊断不准确以及危险的输血。研究还仔细审查了与妇科医疗事故相关的法医和药学实践。此外，研究还提出了对《乌克兰刑法典》第 140 条进行修改和补充的规范性倡议，旨在更有效地解决这些问题。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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SSP Modern Law and Practice

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