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Should there be criminal responsibility for medical errors?

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Medical is considered as a profession of higher rank in terms of responsibility and respect. But what if some doctors do not keep the dignity of this rank? In this section, we will discuss that there should be criminal responsibility on doctors for medical errors. The below points will give you your answer in a detailed and informative manner.

What are the standards of medical error?

Before answering the question, we have to make the readers clear about medical errors. Medical errors can be organ trafficking, negligence during surgeries, or insufficient medical care. In terms of scientific meanings, it can be explained as when any one of the doctors fails to follow the expected treatment plan and the general rules of the medical profession are not being followed. All these things come under the term medical error or medical malpractice.

Elements of criminal liability:

In our opinion, medical error should be considered a criminal act. Before this, you have to see the most important things for considering the medical error as some criminal act. If all these things are occurring at that time, we can assume that medical error a criminal offense.

  1. First of all, doctors must have a legal duty to that patient to perform medical errors. If its not, then there will be no kind of accuse of medical error.
  2. The doctors must have a professional relationship with the patient. If someone has given medical assistance in an emergency, this would not be considered a professional association.
  3. For making any medical error as a criminal act, the doctor-patient relationship must be developed. The court would make the doctor accessible if it was not his duty and he just owed the task in the hour of need.
  4. Fourthly, if the doctor does not know about the side effects of medicine, such as a new vaccine, the patient gets severe reactions and side effects after getting the vaccine. That doctor will not be in medical culpability.
  5. The doctor’s negligence is considered a severe criminal activity, and for this medical health, the association has passed many criminal acts to punish the doctor.

Law against doctors after being proven guilty of medical error:

The law states that if a doctor has been proven for a medical error and the patient has gone to face death or any severe health issue, then that doctor’s license will be seized. That doctor is no more able to practice anywhere. This punishment is being given in the whole world with some different charges and additional stressors.

We all know that how much a patient trusts in his/her doctor. Slight negligence of a doctor can put their lives in danger. There are many countries where doctors are not being punished for making medical errors, but it should be considered criminal responsibility. Because only then will they make themselves fully aware of their duty and responsibility. Remember, if destiny has made you a lifesaver, then don’t ever become a life snatcher.

References:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5915255/

http://journals.um.si/index.php/medicine/article/download/92/73

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