Forensic medical examination in cases of medical malpractice: problematic issues of its performance

Abstract

Objective. The study aims to identify the main issues that arise during the organization and conducting forensic medical examinations in cases of medical malpractice.Material and methods. A retrospective review of available alleged medical malpractice cases (350 in total) happened between 2007 and 2016 and handled at Ternopil, Zhytomyr and Chernivtsi Regional Bureaus of Forensic Medical Examination was performed.Results. The main problem of the organization of forensic medical examinations in cases of medical malpractice is the obsolete regulatory laws and their non-compliance with the requirements of the present. It is strongly needed to recognize a special status of forensic examinations in cases of alleged medical malpractice cases from the point of the current legislation. The most important problems of forensic medical examinations in cases of adverse events in medical care are their inadequate regulation, the lack of an officially recognized detailed methodology for conducting such examinations, the uncertainty of terms and concepts used in expert and legal practice, when the circumstances of the medical incident should be determined. Experts’ conclusions in cases of medical malpractice litigation do not always correspond to the required objectivity, evidence-based medicine, and scientific validity.Conclusions. There are some failures of management during fulfillment of forensic medical commission examination related to alleged medical malpractice cases. These systemic problems need to be solved at the national level by correct actions and decision-making.