FORENSIC AND MEDICAL SUPPORT OF "MEDICAL CASES"

Abstract

The article considers legal incompleteness and contradictions of physician examiners and physician consultants status, who are almost always involved in forensic medical examinations in "medical cases". Negative consequences of total medical documentation photocopying are demonstrated that provided to the commission of experts in an inappropriate form (illegible handwriting, abbreviations, incomprehensible shortenings, surzhyk, signatures without a name indication, etc.). Authors emphasizes selective use of standards and protocols for the provision of medical care on "medical cases" by commission of experts. Revealed "problem fields" provoke corruption and "falsely understood service interests" among medical employees involved as forensic medical examiners, physician examiners, physician consultants and physicians who are brought to legal responsibility for professional offenses committed by them. It negatively affects performing and conclusions of commission forensic medical examinations on "medical cases". The reason for "problem locations" is incomplete medico-legal study of process subjects’ status of commission forensic medical examinations that means rights, duties and responsibilities of these entities are unclear. For prevention of negative elements and actions while forensic medical examination regarding "medical cases" next activities are proposed: rights, duties and responsibilities of physician examiners and physician consultants should be brought into line with the current legislation of Ukraine; commission forensic medical examinations for "medical cases" should be carried out exclusively according to the requirements of standards and protocols for provision of medical assistance with elements implementation of a "blind examination" of victims; to increase exactingness (accuracy and timing of registration) to compiling medical and forensic medical documentation; improve the legal and normative documentation that regulates forensic medical activities; discuss the issue of establishing a state agency for forensic examinations under the Cabinet of Ministers of Ukraine with subordination of all departmental expert services.