Background of the developing of the forensic theory of investigation of iatrogenic crimes
Abstract
The WHO experts refer to adverse effects caused by medical care as iatrogenic (from the Greek iatros “doctor” and gennes “caused”). The reason for iatrogenic events is often careless actions resulting from criminal negligence or reckless misconduct. The legal and investigative practice reviewed shows that it clearly lacks theoretic fundamentals for criminal-law and forensic review of crimes committed by medical personnel due to ill medical treatment, that are complex and hardly arguable due to their nature. In order to solve the problems arising in the course of pre-investigations and judicial investigations under criminal proceedings in iatrogenic crimes reasonably and in good faith, theoretical and methodological framework enabling to set up the best medical forensic criteria to review the professional medical activities adversely affect patient are to be developed, and forensic tools to identify and thoroughly and comprehensively review iatrogenic events are to be set up. Only such comprehensive approach as a scientific basis for developing of the forensic theory of investigation into iatrogenic crimes and for setting up of individual forensic methods may increase the efficiency of criminal proceedings against the off enders while ensuring the medical personnel is protected against unreasonable complaints about the quality of their medical care. Refs. 19.
Keywords:
forensic theory of investigation, iatrogenic event, iatrogenic crime, mechanism of iatrogenic offense
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Articles of "Vestnik of Saint Petersburg University. Law" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.