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Iusland Law Office’s Partner Maria Fedosova gave a comment to Advokatskaya Gazeta on the situation in the criminal prosecution of medical workers.

25.02.2021

Maria Fedosova, partner and head of the Bureau's medical practice, commented on the situation arising in the defense of medical workers by lawyers.

The complexity of qualifying the so-called "iatrogenic crimes" is accompanied by an integrated approach to the study of such problems as violation of the tactics of investigating these crimes and the ability to analyze expert opinions, which are the main documents in the criminal prosecution of medical workers.

Examinations, whose main task is to confirm or deny the fact of harm, to establish a causal relationship (direct) between the actions / inaction of the doctor and the negative consequences for the patient's health, often contradict each other, which further exacerbates the situation. “…

The reason for such erroneous qualifications is, in my opinion, the wrong establishment by experts of the causal relationship between the doctor's actions and the consequences that have occurred. Despite the repeated discussion of the problem of the impossibility of establishing an indirect causal relationship by experts, they regularly point out its existence”, the lawyer sums up.

The full text of the article can be found in the materials of "Advokatskaya Gazeta" № 4 (333) 202 https://www.advgazeta.ru