Juridical Tribune (Dec 2022)

Forensic examination in cases on the protection of human rights in the sphere of healthcare in Ukraine: legal issues

  • Oleкsandr Shevchuk,
  • Nataliya Matyukhina,
  • Svitlana Davydenko,
  • Oleкsandra Babaieva,
  • Oleksandr Lysodyed

DOI
https://doi.org/10.24818/TBJ/2022/12/4.08
Journal volume & issue
Vol. 12, no. 4
pp. 552 – 565

Abstract

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The article analyzes the features of the appointment and conduct of forensic examinations carried out in the process of protecting human rights in the healthcare sector. In this work, a system of general scientific and special methods was used to achieve the goal of the study. The content of such categories as "medical care", "forensic examination", "expert", "medical error", "medical error", "defect in the provision of medical care" is disclosed, their place in the general classification of offenses in medical activity is indicated, types of legal liability for professional offenses in the healthcare sector. The tasks, object and stages of conducting forensic examinations carried out in the process of protecting human rights in the field of healthcare have been established, problematic legal issues related to these examinations have been identified, and directions for their solution have been proposed. The stages of conducting forensic examinations carried out in the process of protecting human rights in the healthcare sector are identified, namely: (1) preparatory; (2) organizational; (3) main; (4) the final. It is concluded that the forensic examination carried out in the process of protecting human rights in the healthcare sector is an effective procedural technique for proving professional offenses of medical workers.

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