Judicial domestic practice in medical criminal proceedings and civil cases
Journal Title: Держава та регіони. Серія: Право - Year 2018, Vol 4, Issue
Abstract
The paper analyzes the Uniform Crime State Report and the Unified State Register of Judgments. This made it possible to conclude that the number of crimes committed under Art. 140 of the Criminal Code of Ukraine are the most numerous among others in the field of health care. The purpose of the research is to reveal the peculiarities of domestic judicial practice in medical criminal proceedings and civil cases. When the court decides on the issue of the guilt of a medical worker, the commission or complex forensic examinations have the decisive influence. Measures of civil liability in the event of injury, other damage of health, death caused as a result of improper performance of professional duties by a medical worker, provide for compensation for the property or moral damage caused to the victim. It is noted that international experience in dealing with cases of improper performance of professional duties by a medical or pharmaceutical worker is realized most often within the civil process and a decision on compensation for material and/or moral damage to the plaintiff is adopted. It was stated that in the consideration of medical cases for moral damage, there is no single algorithm for determining the amount of compensation for moral damage in such cases.
Authors and Affiliations
Т. М. Ямненко, І. Ф. ЛІТВІНОВА
Keywords
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