Criminalistic Characteristics of Crimes Related to Defects in Medical Care: Concepts; Classification; Investigation Features; Specialized Forensic Medical Examination
( Pp. 141-147)
More about authors
Oleg I. Lozinsky
Cand. Sci. (Law), Associate Professor of the Department of Procedural Law; Law Branch of the
South Russian Institute of Management—Branch of the Russian Presidential Academy of National Economy of Public Administration
Rostov-on-Don, Russian Federation
South Russian Institute of Management—Branch of the Russian Presidential Academy of National Economy of Public Administration
Rostov-on-Don, Russian Federation
Abstract:
The purpose of the study. The article analyzes the criminalistic characteristics of crimes related to defects in the implementation of medical services, the provision of medical care, the specifics of their investigation, the production of specialized examinations. Conclusions. The investigation of crimes caused by defects in the implementation of medical services and the provision of medical care is of paramount importance, since everything related to the preservation of life and health belongs to a priority category, both for each individual, and for society and the state as a whole. Despite all the complexity and ambiguity in the investigation of the investigated category of crimes, standard algorithms for their investigation have already been developed and continue to be improved. The investigation of crimes related to defects in the provision of medical care has a large number of specific features and requires a wide range of special knowledge and skills in the relevant field, which justifiably entails the need to involve appropriate specialists (experts) in the investigation. The most valuable source of objective evidentiary information is the conclusion of a specialized forensic medical examination.
How to Cite:
Lozinsky O. I. Criminalistic Characteristics of Crimes Related to Defects in Medical Care: Concepts; Classification; Investigation Features; Specialized Forensic Medical Examination // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2025. Vol. 21. № 1. P. 141-147. (in Russ.) EDN: AGCNIW
Reference list:
Alyabyeva S.V. Extreme necessity and reasonable risk in medical relations // Criminal law. 2022. No. 4. pp. 174–179.
Berestov S.A. Analysis of the investigative practice of investigating crimes committed by medical workers through negligence // The international periodical scientific publication «A look into the future». 2023. No. 2. pp. 191–197.
Beketova A.V. Forensic medical examination of the correctness of treatment: typical situations; expert possibilities // Forensic medical examination. 2024. No. 5. pp. 47–54.
Volchenko T.D. Correctness (quality) of medical care as an object of legal assessment and criminal law qualification // Young scientist. 2023. No. 3. pp. 29–36.
Vekshin V.Yu. Investigations of criminal cases related to defects in the provision of medical care: reasons and grounds for initiation; the initial stage of the investigation; the most typical investigative actions // Bulletin of Criminology. 2022. No. 5. pp. 111–117.
Gundareva T.M. Forensic medical diagnosis of causes of death and establishment of thanatogenesis by morphological methods // Forensic medical examination. 2024. No. 6. pp. 157–164.
Dashkova E.V. Evidentiary and informational possibilities of forensic medical examination to assess the correctness (quality) of medical care: forensic histology // Young scientist. 2024. No. 2. pp. 139–147.
Demchenko Yu.S. Possibilities of interaction between investigative authorities and medical organizations in the investigation of adverse treatment outcomes // Bulletin of Criminology. 2023. No. 5. pp. 174–181.
Erastov D.S. Medical care, implementation of medical services: assessment of the correctness (quality) of treatment; the concept and classification of treatment defects // The international periodical scientific publication «A look into the future». 2022. No. 3. pp. 101–106.
Zhuravskaya A.V. Algorithm of investigation of iatrogenic crimes in the field of medical care, implementation of medical services // Criminalistics: yesterday, today, tomorrow. 2024. No. 1. pp. 53–57.
Zemelin A.R. Criminalistic characteristics and evidentiary possibilities of forensic medical examination of the assessment of the correctness of the provision of medical services // Bulletin of criminalistics. 2022. No. 5. pp. 109–114.
Zayarnaya K.V. Defects in the provision of medical care, the implementation of medical services: concept, classification, subject, object, criminal law assessment // Young scientist. 2023. No. 4. pp. 42–47.
Igrunenko D.N. Defects in the implementation of medical services: departmental commission on fatal outcomes; forensic medical examination of the assessment of the correctness and quality of treatment // Forensic medical examination. 2022. No. 7. pp. 67–74.
Lavochkin S.S. Investigation of crimes related to defects in the implementation of medical services: standard algorithms; a set of evidence (objective, subjective) // Criminalistics: yesterday, today, tomorrow. 2023. No. 5. pp. 113–117.
Muraev A.A. Criminalistic characteristics of the possibilities of forensic medical examination to assess the correctness and quality of treatment // Young scientist. 2024. No. 3 pp. 63-67.
Novitskaya A.B. Defects in the implementation of medical services: concept, classification, criminal law assessment // The international periodical scientific publication «A look into the future». 2023. No. 6. pp. 204–208.
Onyshko S.V. The range of issues to be resolved and the evidentiary possibilities of forensic medical examination of the assessment of the correctness and quality of the implementation of medical services // Scientific journal «Legal fact». 2023. No. 4. pp. 129–134.
Putintseva V.A. Improper provision of medical care in the Armed Forces of the Russian Federation during wartime, as an object of criminal law assessment and qualification // Bulletin of Military law. 2022. No. 4. pp. 69–75.
Surovtsev I.Yu. The correctness and quality of the implementation of medical services as an object of legal assessment and criminal law qualification // Criminalistics: yesterday, today, tomorrow. 2024. No. 3. pp. 221–227.
Fomicheva I.V. Defects in the provision of medical care, the sale of medical services: sources of information for legal assessment // Scientific journal «Legal fact». 2023. No. 5. pp. 219–224.
Feoktistov Yu.L. Criminalistic characteristics and evidentiary possibilities of forensic medical examination to assess the correctness and quality of treatment // Forensic medical examination. 2024. No. 3. pp. 231–236.
Berestov S.A. Analysis of the investigative practice of investigating crimes committed by medical workers through negligence // The international periodical scientific publication «A look into the future». 2023. No. 2. pp. 191–197.
Beketova A.V. Forensic medical examination of the correctness of treatment: typical situations; expert possibilities // Forensic medical examination. 2024. No. 5. pp. 47–54.
Volchenko T.D. Correctness (quality) of medical care as an object of legal assessment and criminal law qualification // Young scientist. 2023. No. 3. pp. 29–36.
Vekshin V.Yu. Investigations of criminal cases related to defects in the provision of medical care: reasons and grounds for initiation; the initial stage of the investigation; the most typical investigative actions // Bulletin of Criminology. 2022. No. 5. pp. 111–117.
Gundareva T.M. Forensic medical diagnosis of causes of death and establishment of thanatogenesis by morphological methods // Forensic medical examination. 2024. No. 6. pp. 157–164.
Dashkova E.V. Evidentiary and informational possibilities of forensic medical examination to assess the correctness (quality) of medical care: forensic histology // Young scientist. 2024. No. 2. pp. 139–147.
Demchenko Yu.S. Possibilities of interaction between investigative authorities and medical organizations in the investigation of adverse treatment outcomes // Bulletin of Criminology. 2023. No. 5. pp. 174–181.
Erastov D.S. Medical care, implementation of medical services: assessment of the correctness (quality) of treatment; the concept and classification of treatment defects // The international periodical scientific publication «A look into the future». 2022. No. 3. pp. 101–106.
Zhuravskaya A.V. Algorithm of investigation of iatrogenic crimes in the field of medical care, implementation of medical services // Criminalistics: yesterday, today, tomorrow. 2024. No. 1. pp. 53–57.
Zemelin A.R. Criminalistic characteristics and evidentiary possibilities of forensic medical examination of the assessment of the correctness of the provision of medical services // Bulletin of criminalistics. 2022. No. 5. pp. 109–114.
Zayarnaya K.V. Defects in the provision of medical care, the implementation of medical services: concept, classification, subject, object, criminal law assessment // Young scientist. 2023. No. 4. pp. 42–47.
Igrunenko D.N. Defects in the implementation of medical services: departmental commission on fatal outcomes; forensic medical examination of the assessment of the correctness and quality of treatment // Forensic medical examination. 2022. No. 7. pp. 67–74.
Lavochkin S.S. Investigation of crimes related to defects in the implementation of medical services: standard algorithms; a set of evidence (objective, subjective) // Criminalistics: yesterday, today, tomorrow. 2023. No. 5. pp. 113–117.
Muraev A.A. Criminalistic characteristics of the possibilities of forensic medical examination to assess the correctness and quality of treatment // Young scientist. 2024. No. 3 pp. 63-67.
Novitskaya A.B. Defects in the implementation of medical services: concept, classification, criminal law assessment // The international periodical scientific publication «A look into the future». 2023. No. 6. pp. 204–208.
Onyshko S.V. The range of issues to be resolved and the evidentiary possibilities of forensic medical examination of the assessment of the correctness and quality of the implementation of medical services // Scientific journal «Legal fact». 2023. No. 4. pp. 129–134.
Putintseva V.A. Improper provision of medical care in the Armed Forces of the Russian Federation during wartime, as an object of criminal law assessment and qualification // Bulletin of Military law. 2022. No. 4. pp. 69–75.
Surovtsev I.Yu. The correctness and quality of the implementation of medical services as an object of legal assessment and criminal law qualification // Criminalistics: yesterday, today, tomorrow. 2024. No. 3. pp. 221–227.
Fomicheva I.V. Defects in the provision of medical care, the sale of medical services: sources of information for legal assessment // Scientific journal «Legal fact». 2023. No. 5. pp. 219–224.
Feoktistov Yu.L. Criminalistic characteristics and evidentiary possibilities of forensic medical examination to assess the correctness and quality of treatment // Forensic medical examination. 2024. No. 3. pp. 231–236.
Keywords:
quality of medical care; medical worker; doctor; patient; iatrogenic crimes; forensic histology; anaphylactic shock; thanatogenesis; medical error; commission on fatal outcomes; forensic medical examination of the correctness and quality of treatment..