ISSN 2415-3060 (print), ISSN 2522-4972 (online)
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УЖМБС 2016, 1(2): 156–159
https://doi.org/10.26693/jmbs01.02.156
Medicine

Analysis of Forensic Examinations in Criminal Cases against Health Workers in Connection with the Performance of Professional Duties According to the SI "The Main Bureau of Forensic Examination of Ministry of the Health of Ukraine"

Pletenetskaya A.
Abstract

Introduction. The issue of quality and accuracy of medical care is particularly acute in modern life, this fact is even noted in the mass media [1-4]. It's confirmed by the steady increase in the number of forensic examinations intended in Ukraine in criminal and civil cases against physicians in bad providing medical care. The aim of the research was to identify errors in the provision of medical care by analyzing the commission forensic medical examinations performed in the SI "The Main Bureau of Forensic Examination of Ministry of the Health of Ukraine" and comparison of forensic examinations of these errors in SI and various regional forensic bureau examination Ukraine. Materials and methods. The research were forensic examinations performed by a medical forensic department SI "The Main Bureau of Forensic Examination of MOH" for 2012-2014 years in cases of defects in medical care.The data were subjected to statistical analysis by BIOSTAT. Results. In the statistical analysis of the examinations conducted in the forensic medical department it was found that the total number of examinations for "Doctoring" increased from 19,16 ± 1,46% in 2012 to 23,56 ± 1,46% in 2014. The significant is the increasing of the number of changed examinations of 18,49 ± 0,9% in 2012 to 19,87 ± 0,9% in 2014.The largest share of expertise concerning with medical cases belonged to obstetric and surgical specialties - 28,44 ± 2,44% and 22,9 ± 2,44%, respectively.the number of sent examinations from various regions of Ukraine aren't always correlated with data of the population density. For example, most of 34 examinations (8,11 ± 0,35%) was from Kharkiv RB, while as Kharkiv region ranks fourth in population, according to the State Statistics Committee of Ukraine on 1.04.2014r., after Donetsk, Dnipropetrovsk regions, m. Kyiv. The second is the number of examinations in Odessa region - 33 examination (7,88 ± 0,35%), which in terms of population is the sixth. The third place occupies Donetsk region (5,97 ± 0,35%), which is largest in terms of population the largest in Ukraine. Next are Lviv, Lugansk and Kyiv city- in 22 cases (5,25 ± 0,35) - and ARC-21 cases (5 ± 0,35%). The maximum number of examinations was modified in Vinnytsa - 6 cases (60 ± 3,02%), Zhytomyr - 2 cases (50 ± 3,02%), Kyiv - 3 cases (42,86 ± 0,35%), Sumy- 4 cases (36,36 ± 3,02%) and Kharkiv - 9 cases (26,47 ± 3,02%) regions. In carrying out repeated examinations for medical cases with the decision for the accuracy of medical care drew attention to the fact that the expert commission, evaluating the provision of medical care pointed that errors in the providing of medical care were absent, that medical tactic was correct, normative documents providing medical care of patients with such disorders were not affected, but the protocol part of the conclusions hadn't any information from existing regulations, not even mentioned their names. Often in such cases during the re-examination it became clear, that existing regulations actually provides another patient care, than the one that was used, and that no therapeutic or diagnostic measures can't be considered accurate or adequate, and i.e. aid was given with defects. In 53 cases of 77 changed examinations, performed by health workers in occupational offenses, in which the commission of regional bureau assured legal and investigative workers that the treatment was carried out properly, commissions of the Main bureau not only marked the numerous violations in health care, but also found cause - effect relationship between deficiencies in the treatment and the occurrence of death or other adverse effects. Conclusions. In the statistical analysis of the examinations conducted in the forensic medical department it was found that the total number of examinations for "Doctoring" increased from 19,16 ± 1,46% in 2012 to 23,56 ± 1,46% in 2014. The significant is the increasing of the number of changed examinations of 18,49 ± 0,9% in 2012 to 19,87 ± 0,9% in 2014. The largest share of expertise concerning with medical cases belonged to obstetric and surgical specialties - 28,44 ± 2,44% and 22,9 ± 2,44%, respectively. The number of sent examinations from various regions of Ukraine aren't always correlated with data of the population density. Most of 34 examinations (8,11 ± 0,35%) was from Kharkiv, 33 examination (7,88 ± 0,35%) – from Odessa region. The third place occupies Donetsk region (5,97 ± 0,35%). Next are Lviv, Lugansk and Kyiv city - in 22 cases (5,25 ± 0,35) - and ARC-21 cases (5 ± 0,35%). The maximum number of examinations was modified in Vinnytsa - 6 cases (60 ± 3,02%), Zhytomyr - 2 cases (50 ± 3,02%), Kyiv - 3 cases (42,86 ± 0,35%), Sumy- 4 cases (36,36 ± 3,02%) and Kharkiv - 9 cases (26,47 ± 3,02%) regions. Among the shortcomings during examinations were the following: the title page "expert conclusion" and "Act of forensic research" continued to be waged not in accordance with forms approved by the Ministry of Health of Ukraine on August 5, 1999. Number 197: if in the order of numbering questions to the experts, answers sometimes are given without numbering or resolution of the issues, for unknown reasons, is ignored; information about the expert, who performs the examination or investigation, outlines not completely, or instead of the name of his post; the results observed in the design of concise presentation of unsubstantiated opinion or bulkiness and complexity of expert judgment.

Keywords: forensic examination, defect of medical care, expert conclusion

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