An a Priori Dangerous Service: An Analysis of Some Court Rulings in the Case of a Plastic Surgeon Whose Patient Died from Anaphylactic Shock During Surgery

The author analyzes the practice of application of the provisions of Art. 238 of the Criminal Code of the Russian Federation by some courts on the example of a specific criminal case initiated on the grounds of an adverse effect of provision of medical services in the plastic surgery sphere. Special attention is paid to the process of proving. The following conclusions are reached: 1) the analyzed criminal law provision (the blanket structure) is imperfect from the legal writing standpoint along with any other regulations recommended by the legislator to fill in the blank of Art. 238 of the Criminal Code of the Russian Federation; 2) there is no unified methodology of forensic examinations of plastic surgery results.