Clinical negligence around the globe: the legal perspective

medical crimesAccording to the United States Model Penal Code, medical personnel commits two forms of crime – inadvertently (recklessly), carelessly (negligently). Thus, the American commentary on the Criminal Code and the Manual on criminal law define criminal negligence as a situation of ignoring the substantial and undue risk, which the subject did not know, but should have known and taken into account. These same sources interpret criminal negligence (recklessness) as a situation of ignoring the substantial and undue risk, a subject was aware of, but consciously ignored them and continued risky behavior. It is easy to conclude that the domestic legal literature describes this form of guilt as ‘criminal irresponsibility’. Continue reading “Clinical negligence around the globe: the legal perspective”