The article draws attention to the resonant social aspect in the field of healthcare, due to the criminal prosecution of a large number of medical workers. At the same time, the study of this practice indicates the problems of law enforcement associated with a controversial and controversial criminal law assessment of harm to patients in the provision of medical care. The lack of a legislative definition of the signs and boundaries of medical errors complicates the fair prosecution of doctors by doctors, which also does not clearly distinguish between guilty and – innocent harm to the patient. The Author tried to specify the reasons, identify the existing legal gaps that negatively affect the correct qualification of acts committed by doctors in the performance of their professional duties, and propose possible solutions for the application and improvement of criminal law in the field of medical activity.