Criminal liability of medical workers. What can a doctor be imprisoned for?

Medical workers, saving people's lives and health, bear a huge responsibility. Their activities are based on the principles of ethics and deontology, and are also regulated by a number of regulatory and legal acts.

Unfortunately, there are cases when doctors cause harm to patients due to negligence, malpractice or intentional actions. In such situations, the question of criminal liability of medical workers arises.

What regulates the criminal liability of a doctor?

In Ukraine, the criminal liability of medical workers is regulated by the following legal acts:

1. The Criminal Code of Ukraine (CPC of Ukraine), in particular articles:

• 139 (Failure to provide assistance to a sick medical worker).
• 140 (Improper performance of professional duties by a medical or pharmaceutical worker).
• 141 (Violation of the patient's rights).
• 142 (Illegal conduct of experiments on humans).

2. Law of Ukraine "On Medicinal Products".
3. Orders of the Ministry of Health of Ukraine.

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What exactly can a doctor be imprisoned for?

There are a number of crimes for which medical workers in Ukraine may be held criminally liable. The most common of them include:

1. Failure to provide assistance to the patient.

• It can be both an active action (for example, refusing hospitalization) and inaction (failure to arrive on call, failure to provide the necessary assistance).
• It should be noted that not all inaction is punishable. In order for the doctor's actions to qualify as a crime, they must have serious consequences for the patient, for example, cause his death or significant deterioration of his health.

2. Improper performance of professional duties by a medical or pharmaceutical worker. This article covers a wide range of actions related to a doctor's negligent or careless performance of his duties. They may include:

• Misdiagnosis.
• Prescribing the wrong treatment.
• Carrying out an operation in violation of the rules.
• Use of low-quality or expired medicines.
• Improper maintenance of medical documentation.

3. Violation of the patient's rights.

• Disclosure of confidential patient information.
• Refusal of hospitalization.
• Carrying out medical manipulations without the patient's consent.
• Application of discriminatory measures against the patient.

4. Illegal conduct of experiments on humans.

• This article punishes conducting experiments on people without their consent or in violation of established rules. Such experiments can pose a serious threat to people's health and life.

5. Falsification of medical documents.

• Such documents include prescriptions, hospital letters, medical reports, etc.
• Falsification of these documents can have serious consequences, both for the patient and for other people.

6. Illegal occupation of medical activity.

• This category includes persons who do not have the appropriate education and qualifications, but at the same time provide medical services.
• Such activity can pose a serious threat to people's health and life.

It is important to note that these are only some of the most common crimes for which medical professionals can be prosecuted. The list of possible crimes is much wider, and for more detailed information it is recommended to contact our lawyer.

Why is it important to seek justice if a doctor has committed a crime?

If you have been the victim of a crime by a healthcare professional, it is important to speak up and seek justice. This will not only help you, but also protect other people from similar actions in the future.

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Legal assistance in this matter

If you believe that your rights as a patient have been violated, or that you have been the victim of criminal conduct by a medical professional, you are advised to seek legal assistance.

Our experienced attorney will help you:

1. Understand your rights and responsibilities.
2. Gather the necessary evidence.
3. Make a statement to law enforcement agencies.
4. Represent your interests in court.
5. Seek compensation for the damage caused.

Remember that you are not alone. Protecting your rights and legal interests is what lawyers can do for you.

If you decide to sign up for a consultation or want to know the price of a lawyer's help, fill out the form below.