Medical diagnostics and the legal concept of the process

diagnosis-processThe term ‘diagnostic process’, according to many of doctors, impoverishes the entire range of problems faced by the patient at the very beginning of the conversation with the doctor. Seasoned experts say that making a diagnosis is a creative process, as a rule, does not fit into the standard scheme. As there are no two identical doctors, and no two patients with identical conditions and problems, the spectrum of diagnostic methods aimed at figuring out the clinical picture in patients suffering from certain nosological forms of the disease is very wide in experienced, qualified and truly professional doctors (in young doctors, this spectrum is more narrow, but it could be more schematic). Continue reading “Medical diagnostics and the legal concept of the process”

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”