MEDICAL MALPRACTICE: CONDITIONS AND LIMITS OF APPLICATION OF THE CRIMINAL LAW

Лилия ГЫРЛА Молдавский государственный университет В

Abstract

The purpose of the present article consists in the definition of conditions and limits of the Criminal Law towards the medical malpractice. In the realm of this scientific research, the analysis of medical mistakes was performed in the base of different points of view met in the penal doctrine and forensics; also, there were examined medical mistakes of two types such as mistakes from good faith and mistakes form bad faith. There was argued that the criminal offences committed by the medical workers constitute medical mistakes from bad faith and punishable by law. The systematization of medical malpractice provided in the modern criminal legislation was performed. Also, the differences between proper and improper medical assistance were submitted to a detailed explanation. Keywords: medical mistake, medical malpractice, criminal offence committed in the sphere of the professional medical activity, proper performing of the medical assistance, improper performing of the medical assistance, right to the opportune medical assistance, right to the competent medical assistance.