Analysis of criminal cases against doctors of surgical specialties on the article “Causing death by negligence due to improper performance of the person’s professional duties”

• Published in: Vestnik intensivnoĭ terapii no. 4; pp. 134 - 142
• Main Authors: Gorbachev, Vladimir I., Netesin, E. S., Gorbacheva, S. M., Sumin, S. A., Khamidulin, M. V., Utkin, N. N.
• Format: Journal Article
• Language: English
• Published: 29-03-2022
• ISSN: 1726-9806; 1818-474X
• DOI: 10.21320/1818-474X-2020-4-134-142

Introduction. Currently, there is a serious increase in complaints from citizens to the Investigative Committee of the Russian Federation. Accordingly, there has been an increase in criminal cases initiated against medical workers. The group of specialists of maximum risk includes, first of all, doctors of surgical specialties: surgeons; anesthesiologists-resuscitators; obstetricians-gynecologists.
Objectives. Analyze the criminal cases against surgeons initiated under the second part of Article 109 of the Criminal Code of the Russian Federation.
Materials and methods. The search for criminal cases was carried out in the following electronic databases: Court decisions of the Russian Federation (https://court decisions.rf) and the state automated system of the Russian Federation “Justice” (https://bsr.sudrf.ru/bigs/portal.html), the search depth was — the last five years.
Results. Found 235 court decisions in cases open under Part 2. Art. 109 of the Criminal Code of the Russian Federation. An assessment of territorial and gender characteristics was carried out. Defects in the provision of medical care identified by the courts and incriminated to doctors are presented. The attitude of doctors of surgical specialties to the charges brought and the applied terms of the main types of punishment are presented: restriction of freedom and deprivation of the right to engage in medical activities. Attention is drawn to the aggravating and mitigating circumstances used by the courts.
Conclusions. The most problematic moments in the treatment of patients in the presented surgical specialties are invasive manipulations and surgical interventions.