2 Should there be criminal responsibility for medical errors?

we all know Medicine is a risky profession where medical professionals have a duty
to do anything in their power to help their patients.
However, there are moments when a doctor makes a serious mistake that leads to
the death but could have been avoided. This is especially the case for doctors that practice in the
often high pressure setting of medical emergency services, where everythind is decided momentary lapse of
good professional judgment, and skills.
unfortunately, at this time moral responsibility and apology to patients’ family is not
enough. we should recognise the problem, do some researchs to know what exactly
caused the problem and there ar many reasons like that. for examole – ….
and if we come across that the mistake shoul have been avoided if doctor was
careful, concentrated on their work we shoul punish them. But we should keep in
mind all factors that caused the mistake.
Given that medicine deals with one of the most legally secured human rights – right to life – it is undisputed
that legal regulation of the medical practice is not only necessary but crucial.

Medical errors could be caused by several factors but are mostly common with medical personnel
that lack adequate level of experience or expertise. They could occur as a result of the health care
delivery system being too complex. Sometimes fatigue among medical personnel plays a part.
Sometimes medical personnel, even those with long standing experience, may get it wrong when a
new procedure or complex new equipment is introduced. Patients that are of extreme age could
also fall victim of medical errors. Medical exigencies such as procedures that are complex or care
that is urgent may influence decision making and cause errors. Inadequacy in communication like
illegible hand writing may also lead to medical errors. In addition, improperly designed health care
systems may contribute to medical errors just as inadequacy in the number of medical personnel
could lead to medical errors.

uncertainty of medical standards, counterproductive criminalisation seen in

defensive medicine, using criminal law as the last resort, and the argument of
doctor’s immunity. On the other hand, arguments for criminalisation are obvious
negligent treatment with serious consequences, general prevention of future
negligent conduct, sanitation of a medical system gone wrong, and the argument of
privileged criminal offence. Our conclusion is that criminal law repression of medical
malpractice or medical error is justified, however only in the most obvious cases of
undisputed negligence or carelessness of a doctor, where his inappropriate conduct
has led to a serious deterioration of health of a patient, which could have easily been
avoided, if a doctor respected the practice and rules of medical science and
profession.
Our conclusion is that criminal law repression of medical malpractice or medical error is justified, however
only in the most obvious cases of undisputed negligence or carelessness of a doctor, where his
inappropriate conduct has led to a serious deterioration of health of a patient, which could have easily been
avoided, if a doctor respected the practice and rules of medical science and profession.