Some Practical Issues of the Conceptual Apparatus of Medical Crimes

The article notes that the first decades of the 21st century should be noted as a period of not only global, qualitative changes in medicine as a science, but also in the perception of the results of medical research by society as a whole and by each individual citizen, since each citizen was and is a participant in the relationship doctor – patient. The classification of medicine as a service sector has become a turning point in the sphere of legal regulation of these social relations, which confirms the extension of domestic legislation on the protection of consumer rights to medical workers. Currently, the scope of medical services is growing rapidly, at the same time, both among scientists and among the general population, the concepts of medical service, medical error, and defect are not understood unambiguously, which creates difficulties in law enforcement. The author argues that the intensive development of medicine, the emergence of new methods of diagnosis and treatment, new medical directions, complex samples of medical equipment leads to an increase in the number of complications associated with the provision of medical care, and the medical field itself in some cases becomes high-tech, aggressive and quite risky for patient. All these processes also influence the quality of medical care for prisoners. Therefore, it is necessary to develop a set of preventive measures that will eliminate contradictions between the doctor and the patient and the doctor and the convicted person. In this regard, improving the conceptual apparatus in the field of professional medical crimes will minimize the number of offenses in this area, and their legislative consolidation will establish a consistent understanding of their essence.

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Publication Details

Journal
Academic Law Journal
Published
2024-10-25
DOI
https://doi.org/10.17150/1819-0928.2024.25(3).450-458
Primary Topic
Digital Transformation in Law
Type
article
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article

Some Practical Issues of the Conceptual Apparatus of Medical Crimes

Elena Kunts
Academic Law Journal
Digital Transformation in Law
article

Some Practical Issues of the Conceptual Apparatus of Medical Crimes

Elena Kunts
article en

Abstract

The article notes that the first decades of the 21st century should be noted as a period of not only global, qualitative changes in medicine as a science, but also in the perception of the results of medical research by society as a whole and by each individual citizen, since each citizen was and is a participant in the relationship doctor – patient. The classification of medicine as a service sector has become a turning point in the sphere of legal regulation of these social relations, which confirms the extension of domestic legislation on the protection of consumer rights to medical workers. Currently, the scope of medical services is growing rapidly, at the same time, both among scientists and among the general population, the concepts of medical service, medical error, and defect are not understood unambiguously, which creates difficulties in law enforcement. The author argues that the intensive development of medicine, the emergence of new methods of diagnosis and treatment, new medical directions, complex samples of medical equipment leads to an increase in the number of complications associated with the provision of medical care, and the medical field itself in some cases becomes high-tech, aggressive and quite risky for patient. All these processes also influence the quality of medical care for prisoners. Therefore, it is necessary to develop a set of preventive measures that will eliminate contradictions between the doctor and the patient and the doctor and the convicted person. In this regard, improving the conceptual apparatus in the field of professional medical crimes will minimize the number of offenses in this area, and their legislative consolidation will establish a consistent understanding of their essence.

Academic Law JournalVol. 25(3)
Federal Penitentiary Service (RU)
Openalex Percentile: Top 47%
Digital Transformation in Law
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