The Medical Professional as Special before the Criminal Law

2020 ◽  
pp. 291-308
Author(s):  
Suzanne Ost
Keyword(s):  
Criminal Law ◽  
Critical Reflection ◽  
Medical Profession ◽  
Criminal Liability ◽  
Medical Professional ◽  
Medical Professionals ◽  
Structural Dimension ◽  
Workplace Harassment ◽  
Work Relations ◽  
Care Workers

This chapter explores the position of medical professionals, primarily doctors, in criminal law. In certain respects, doctors appear to have an unusually privileged position under English criminal law. However, doctors are also particularly exposed to the risk of very serious criminal liability, such as in respect of gross negligence manslaughter. While one would be unlikely to identify doctors with the precariat, as one might be inclined to do with care workers, doctors are also working under intense pressures in circumstances of austerity. In this way, the personalizing dynamic of criminal liability deflects attention away from the economic context to medical mistakes and errors of judgement. In these situations, the chapter suggests that the structural dimension might be better captured through forms of organizational liability for employers. This reflects the proposal from Chapter 8 on criminal liability for workplace harassment. Overall,the chapter offers a critical reflection on whether it is appropriate that the medical profession continues to be a relatively autonomous category of personal work relations that is dealt with in a unique way by the criminal law. .

scholarly journals FEATURES OF CRIMINAL LIABILITY OF A MEDICAL PROFESSIONAL FOR FAILURE TO PERFORM OR IMPROPER PERFORMANCE OF THEIR PROFESSIONAL DUTIES IN UKRAINE

2020 ◽  
Vol 73 (11) ◽  
pp. 2549-2554
Author(s):  
Olha S. Bondarenko ◽  
Oleg М. Reznik ◽  
Mykhailo O. Dumchikov ◽  
Nadiia S. Horobets
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Medical Professional ◽  
Medical Worker ◽  
Scientific Methods ◽  
Special Scientific ◽  
Research Goal ◽  
General Scientific

The aim: Research of features of criminal responsibility of the medical worker for failure to performe or imptoter perfomance of their professional duties in Ukraine. Materials and methods: The article uses general scientific and special scientific methods of cognition, which provided an objective analysis of the research goal. Conclusions: Criminal law, which provides for liability for improper performance of duties by a healthcare professional or pharmacist, must have a perfect design to ensure the rights and interests of both the patient and the medical worker.That is why, the existing construction of article 140 of the Criminal code of Ukraine requires a number of changes and additions.

scholarly journals The Ethics and Legality of Using Personal Smartphones to take Medical Photographs

2019 ◽  
Vol 19 (2) ◽  
pp. 99
Author(s):  
Amal A. Al Balushi
Keyword(s):  
Informed Consent ◽  
Medical Profession ◽  
Medical Professional ◽  
Medical Professionals ◽  
High Quality ◽  
Medical Photography ◽  
Medical Legislation ◽  
Minimal Effort ◽  
Written Informed Consent

ABSTRACT: Photography in the medical profession is an asset that may help during patients’ follow-up, monitoring the progression of diseases, getting a second opinion and in medical educational activities. Advances in technology, specifically smartphones, have enabled medical professionals to obtain high-quality photographs with minimal effort and photography experience. This article discusses the ethics and legality of using personal smartphones in a medical professional setting for medical photography. Written informed consent should always be obtained from the patient and should include details about how the photographs will be used.Keywords: Photography; Smartphone; Informed Consent; Ethics; Medical Legislation; Publications; Medical Education; Oman.

scholarly journals The Development of Medical Criminal Law in Germany and in Russia

2021 ◽  
Vol 15 (4) ◽  
pp. 456-465
Author(s):  
Arseniy Bimbinov ◽  
Diana Stage
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Professional Activity ◽  
Medical Professionals ◽  
Criminal Prosecution ◽  
Wide Sense ◽  
Negative Consequences ◽  
Russian Science ◽  
Legal Assessment

Negative consequences of the actions of medical professionals have always been subject to controversial assessment from the legal standpoint. There were periods in Russian history when doctors were prosecuted even without establishing their guilt first, and the periods when doctors were not held responsible at all for the violations that they committed. Currently, medical and pharmaceutical work is a complicated process of performing professional functions connected with the observance of established standards and requirements of its organization. Most medical tests and manipulations of prevention, research, diagnostic, treatment or rehabilitation character are regulated by formal protocols which could, in some cases, prevent a qualified doctor from saving a patient’s life and in others — inflict forced harm on their health. Both of these situations require a legal assessment of the actions, the mechanism of which has not yet been fully determined. This circumstance could lead to a criminal prosecution of a medical professional whose fault is absent (or non-obvious). On the other hand, a structurally complex professional activity, for which there are no recognized methods of legal assessment, creates preconditions for various violations and abuses on the part of medical professionals. Changing relationships between a doctor and a patient, as well as the commercialization of modern medical practices have made the healthcare system one of the most delicto- and even criminally-oriented. These factors act as causes for the growing complexity of legislation (in the wide sense of the word) on criminal liability of medical professionals and the controversial law enforcement practice which, in its turn, leads to the interest of researchers in these problems. The results of such research often remain unconnected with other achievements of the criminal law science; due to this, it is necessary to study the development of law, including the practice of law enforcement and the doctrine, on criminal liability of medical professionals – medical criminal law. Taking into consideration that such a sub-branch of law is not traditional for Russian science, the authors present the results of researching the development of medical criminal law not only in Russia, but also in Germany, where this sphere of law has long been established as independent.

scholarly journals Medical Negligence : An Overview

2017 ◽  
Vol 25 (1) ◽  
pp. 46-54
Author(s):  
Bratin Kumar Dey
Keyword(s):  
Consumer Protection ◽  
Medical Profession ◽  
Medical Professional ◽  
Medical Professionals ◽  
Medical Negligence ◽  
Consumer Protection Act ◽  
Rules And Principles ◽  
Ancient Times ◽  
Manual Skills ◽  
Specialized Experts

Medical professionals are treated as next to God. They provide humanitarian services and gives solace to individuals suffering from various diseases and disorders. Due to their great service to humanity, the doctors and medical professionals are treated with reverence and since the ancient times the medical profession has been considered as a noble profession. However with the passage of time, there has been a change in the doctor - patient relationship. During the last few decades a number of incidents have come to light in which the patients have suffered due to the error and inadvertent conduct of doctors. Due to the increasing conflicts and legal disputes between the doctors and patients, most of the legal systems have developed various rules and principles to deal with such inadvertent behavior of doctors. This has led to the development of a new branch of jurisprudence, i.e. medical negligence. Hence, any negligence on part of the medical professional would be treated as either a tort of negligence or a deficiency in service under Consumer Protection Act, 1986. As the profession involves the idea of an occupation requiring purely intellectual skills or of manual skills controlled by the intellectual skill of the operator, it is distinctively different from an occupation, which is substantially production or sale or arrangement for the production or sale of commodities. Medicine is a highly complex domain. It is difficult for consumer laws to review medical negligence cases with flawless technical clarity and accuracy. Thus medical negligence is not purely a matter of consideration for judiciary but also the technical inputs of specialized experts in the field have substantial weightage while deciding the case of medical negligence against doctors. The present paper is devoted to introvert inspection of negligence in medical profession in the light of existing laws with more emphasis on the interpretation of consumer protection law by judiciary.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

The “Kouwenhoven” Case

2019 ◽  
Vol 181 ◽  
pp. 568-704
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Liability ◽  
Criminal Activity ◽  
War Crimes ◽  
International Criminal Law ◽  
Post Conflict ◽  
Arms Embargo ◽  
Witness Statements

Economics, trade and finance — Economic sanctions — Liberia — UN Security Council Resolutions 1343 (2001) and 1408 (2002) — Implementation of arms embargo under Dutch law — Whether sanctions regime violatedInternational criminal law — Difference between perpetrator and accomplice liability — Complicity in war crimes — Requirement that defendant promoted or facilitated the commission of war crimes — Conditional intent — Whether defendant consciously accepted the probability that war crimes would be committed in connection with his material support — Risk of doing business with a government engaged in international criminal activityInternational criminal law — Evidence — Admissibility and weight of witness statements — Factors relevant to assessing witness statements obtained in post-conflict environment — Coercion of witnesses — Whether inconsistencies in witness statements requiring acquittalInternational criminal law — Circumstances excusing unlawful conduct — National emergency — Whether violations of arms embargo and laws and customs of war justified by right to self-defence under international lawJurisdiction — Universal jurisdiction — War crimes — Prosecution of a Dutch national for offences committed abroad — Whether conduct of investigation by Dutch authorities making prosecution inadmissible — Whether amnesty scheme in Liberia barrier to prosecution — No violation of fair trial rightsWar and armed conflict — Existence of armed conflict — Whether armed conflict international or internal — Limited gap between norms applicable to international versus non-international armed conflict — Whether violations of laws and customs of war giving rise to individual criminal liability under Dutch law — The law of the Netherlands

scholarly journals Knights and Knaves in the English Medical Profession: the Case of Clinical Excellence Awards

2015 ◽  
Vol 45 (1) ◽  
pp. 83-99 ◽  
Author(s):  
MARK EXWORTHY ◽  
PAULA HYDE ◽  
PAMELA MCDONALD-KUHNE
Keyword(s):  
Health Policy ◽  
National Health Service ◽  
Health Service ◽  
Medical Profession ◽  
Clinical Excellence ◽  
Medical Professional ◽  
Policy Makers ◽  
Written Responses ◽  
Private Interests ◽  
The Uk

AbstractWe elaborate Le Grand's thesis of ‘knights and knaves’ in terms of clinical excellence awards (CEAs), the ‘financial bonuses’ which are paid to over half of all English hospital specialists and which can be as much as £75,000 (€92,000) per year in addition to an NHS (National Health Service) salary. Knights are ‘individuals who are motivated to help others for no private reward’ while knaves are ‘self-interested individuals who are motivated to help others only if by doing so they will serve their private interests.’ Doctors (individually and collectively) exhibit both traits but the work of explanation of the inter-relationship between them has remained neglected. Through a textual analysis of written responses to a recent review of CEAs, we examine the ‘knightly’ and ‘knavish’ arguments used by medical professional stakeholders in defending these CEAs. While doctors promote their knightly claims, they are also knavish in shaping the preferences of, and options for, policy-makers. Policy-makers continue to support CEAs but have introduced revised criteria for CEAs, putting pressure on the medical profession to accept reforms. CEAs illustrate the enduring and flexible power of the medical profession in the UK in colonising reforms to their pay, and also the subtle inter-relationship between knights and knaves in health policy.

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