Analysis of surgical disciplines involved doctors’ personal responsibility for improper delivery of health care

Currently, there is a serious increase in citizens’ complaints to the Investigative Committee of the Russian Federation. Accordingly, there has been an increase in criminal cases initiated against health professionals. The group of specialists of maximum risk includes, first of all, doctors of surgical specialties: surgeons; anesthesiologists-resuscitators; obstetricians-gynecologists.

Purpose of the study. To analyze the criminal cases against surgeons initiated under the second part of Article 109 of the Criminal Code of the Russian Federation.

Material 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 covers the last 5 years period.

Results. 235 court decisions in cases open under Part 2. Art. 109 of the Criminal Code of the Russian Federation have been found. The evaluation of territorial and gender characteristics has been carried out. Defects in the delivery of health care identified by the courts and incriminated to doctors are presented. The attitude of surgical specialties doctors to the charges brought, and the applied terms of the main types of punishment are presented: supervised release and denial of the right to practice. Attention is drawn to the aggravating and mitigating circumstances used by the courts.

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