PROPOSAL FOR THE INTRODUCTION OF THE CONCEPT OF THE MEDICAL ERROR IN THE ADMINISTRATIVE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN
Keywords:
сriminal legislation, аdministrative legislation, сriminal liability, аdministrative responsibility, medical mistake, medical error, improvement of the criminal and administrative legislationAbstract
In five institutional reforms the President of the country has announced the introduction of the mandatory social health insurance system in the healthcare system, which should ensure the right to medical care and provision of medicines for citizens. It is expected that the list of cases of compensation for harm to patients in the absence of guilt of medical workers will be expanded which will provide new opportunities for their social and legal protection [1].
This article focuses on the absence of the concept of medical error in the normative legal acts of the country which creates certain problems in their delimitation from cases of illegal actions of medical workers.
The author proposes the definition of a medical error - the actions or inaction of a person who provides medical services in a public or private medical organization, an individual engaged in private medical practice, according to the profile of the disease and the license to engage in medical activities, as a result of the delusion due to lack of experience, medical equipment, medical drugs, rarity of the disease, anatomical features of the organism, incompleteness of collected history usable that caused the wrong diagnosis of diseases, methods and means of determining patient treatment if these actions contain features of a criminal act.
In other cases if these acts caused by negligence the infliction of moderate, serious harm to human health, the death of a person, two or more persons by imprudence, the infection of another person with HIV/AIDS, can’t be qualified as a medical error, but should be attributed to criminal offenses under Article 317 of the Criminal Code of the Republic of Kazakhstan.
Along with this the author identified gaps in point 1) of part two of article 116 of the Criminal Code of the Republic of Kazakhstan and proposed a new paragraph 11) in part two of the same article.
Besides, the author proposes to supplement the Code on Administrative Offenses with new articles 80-1 "Medical error” and article 424-1"Illegal payment
