Understanding the nature of clinical negligence and medical errors

The article focuses on the crime of health professionals committed through professional negligence. Basically, the law envisages two forms of negligence: imprudence of medical worker who foresees the possibility of socially resonant consequences of the act, groundlessly hoping to avoid them, and negligence when the healthcare worker doesn’t foresee the risk of adverse effects, even though she could have and should have taken it into consideration.

In arrogance the doctor counts on prevention of adverse effects not through some reasonable circumstances, but rather with the hope for good luck or positive coincidence. If guilty of negligence the specialist doesn’t foresee the possibility of occurrence of dangerous consequences of his act, so he does not think about the fact that the act or omission may cause harm to the collective interests or the interests of individuals.

In deciding on criminal negligence it is primarily ascertained whether the defendant had the opportunity to anticipate the occurrence of dangerous consequences of his action or inaction. This in turn depends on the objective circumstances in which the accused acted (official position, rank, specialisation, etc.). For example, there may be cases when the doctor who was to anticipate the results of their action or inaction, could not make it due to objective circumstances the electricity suddenly turned off or the equipment was broken during operation) or the subjective condition of the accused (the inexperience of the doctor, disease, etc.).

The question of the careless actions of medical workers are often associated with inappropriate and unjustified risk in the process of helping the patient. From a legal standpoint, the risk is justified and legitimate, when the dangerous action is taken to achieve a socially useful purpose, as scientifically proven that there was an objective opportunity to achieve this goal, and when risk-free means are useless in the achievement of this goal. In this attack the adverse effects are possible, but not inevitable. Such situations are encountered in medical practice on a regular basis. However, the patient or his relatives should be aware of certain risks associated with forthcoming operation or other medical procedure and give its consent.

The nature and extent of the responsibility of health workers for the consequences of their reckless actions or inaction depends on the degree of arrogance or carelessness. In the criminal practice there is a number of references for criminal responsibility of health workers for careless actions. This kind of professional crime is, like in other professions, is related to the negligent performance of an official of his duties. There’s even an area of law with its own niche if you drop in at solicitors.guru, one of the largest find a solicitor hubs in the UK, you’ll see the currently active 1750+ medical negligence solicitors firms and individuals operating in the country.

Show Comments

Comments are closed.