Medical Risk in Criminal Law

The goal of healthcare work is to save people’s lives, maintain and improve their health. However, in spite all efforts doctors, this not always achievable because the factors circumstances whose negative impact it may be impossible take into account due objective reasons. It leads question liability a doctor for patient harm resulting from medical intervention. There are numerous publications fields both medicine law dealing with grounds, forms limits staff unintended patient. Considerably less attention paid researching grounds recognizing lawful. absence criminal unlawfulness interference which led bad outcome was justified by different circumstances: causative connection between actions consequences, guilt doctor’s actions, situation critical need, risk, etc. authors prove fundamental non-applicability institute need assessment outcome, as well unsuitability norm on risk non-criminal Art. 41 Criminal Code Russian Federation, one hand, includes requirements that do refer work, other hand — they consideration its specific features. According authors, there currently necessity supplement Federation separate circumstance precludes character