[Role and importance of forensic medical re-examination of defects in health care delivery].

Abstract

Article is devoted to the problem of production and legal evaluation of repeated commission (complex) forensic medical examinations based on materials of «medical» practices, related to facts of health care delivery adverse outcomes, in criminal and civil proceedings. Reasons of re-examination assignment, theoretical and applied aspects of this procedural institute in evidence in cases of iatrogenic crimes and unqualified health care delivery were considered. The authors pay particular attention to deficiency of legal base and practical approaches to the re-examination assignment and its results' evaluation, and suggest ways to improve the forensic medical and law enforcement activity in this category of cases. The examples from practice, illustrating the content and nature of the re-examination's problem in «medical» cases, were given, the ways to improve the quality of expert work and judicial practice were emphasized, and measures, that will improve the situation in short term, were identified.