Legislation and Practice Regarding Mistakes, Criminal Offenses and Recorded Cases in The Field of Medicine

Proceedings of the 7th International Conference on Modern Approaches in Humanities and Social sciences

Year: 2023

DOI: https://www.doi.org/10.33422/7th.icmhs.2023.11.110

[PDF]

Legislation and Practice Regarding Mistakes, Criminal Offenses and Recorded Cases in The Field of Medicine

Dr. Pjereta Agalliu

 

 

ABSTRACT: 

In contemporary times, the escalating frequency of medical errors and criminal transgressions poses a pressing concern for both patient safety and the medical fraternity. This emergent issue places healthcare practitioners in a precarious position, subjecting them to potential legal repercussions and diminished professional morale. The peril emanates not only from an inadequately secure healthcare system but also from legal ambiguities that contribute to an environment of uncertainty. Jurisprudential interpretations, particularly within the realm of criminal law, about instances involving the culpability of medical professionals for errors and criminal acts have engendered a perplexing landscape. Notably, the legal framework has exhibited a disparate treatment of the concept of medical error. This study employs a methodology combining case studies, and a comprehensive literature review to analyze documented cases, revealing a divergent approach within the justice system. Practitioners are subjected to punitive measures resembling those meted out for negligent medication practices. This incongruity in legal categorization results in multifaceted challenges. Sanctions have deleterious ramifications for the rehabilitation of the implicated individual, impacting personal integrity and professional relationships and eroding credibility vis-à-vis institutional trust. The confluence of these factors accentuates the urgent need for a more nuanced and coherent legal framework to address instances of medical error, safeguarding both the integrity of healthcare professionals and the broader healthcare system. This research calls for a comprehensive reformulation of legal paradigms, rooted in a nuanced understanding of medical errors, to foster a more equitable and just environment for healthcare professionals, enhancing patient safety and overall healthcare system integrity.

keywords: Patients, Error, Medical staff, Legislation, Sanctions