Results of Analysis of Commission Forensic Medical Examinations of Kyiv City Clinical Bureau of Forensic Medical Examinations upon Improper Performance of Professional Duties by Medical Workers

A. Pletenetska

Abstract


Expert conclusions in various bureaus of Ukraine are written differently, medical personnel actions are interpreted differently. Moreover, these conclusions often contradict each other. The court has the right to take into account and use as the procedural sources of evidence (Part 2, Art. 84 of CCP) any expert conclusion, regardless of the expert institution level (local, regional, The Main Bureau of Forensic Medicine). The objective of this research was to analyze the commission forensic medical examinations performed at the commission department of Kyiv City Clinical Bureau of Forensic Medical Examinations (KCCBFME) during 2008-2015 with regard to cases concerning the quality of medical care. The data were subjected to statistical processing according to the standard methods of descriptive statistics. During a more detailed analysis of the examinations conducted at the commission department of KCCBFME the following features were discovered: the expert commission included only forensic experts, and only they put their signatures; doctors of other specialties were not included to the expert commission; in cases of appropriate questions, defects in medical care were classified as action and lack of action and was estimated according to the degree of act. Article 139 and Article 140 of the Criminal Code emphasize that no injury or pathological condition, but the defect of medical care should cause the serious consequences.


Keywords


forensic medical examination; defect in medical care

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References


Code of Criminal Procedure of Ukraine. Vidomosti Verkhovnoi Rady Ukrainy (VVR) [Internet]. Kyiv. 2014: 2046. Available from: http: //zakon2.rada.gov.ua.

Instruction for forensic examination approved by the Ministry of Health of Ukraine of 17.01.95 # 6. Ministry of Health of Ukraine [Internet]. Kyiv. 1995; 6. Available from: http://zakon1.rada.gov.ua.

Rules of the commission forensic medical examinations at the bureau of forensics. Order of the Ministry of Health of Ukraine ‘On the development and improvement of the forensic service of Ukraine.’ of 17 January 1995, # 6. Kyiv. MOZ Ukrainy. 1995; 83-88.

Dunaevskaya LG. The investigation of crimes committed during the provision of medical care. Monograph. Kyiv. ADS UMK Center. 2012; 168.




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