The Federation Council of Russia has approved a bill that protects doctors from criminal liability for providing unsafe services under Article 238 of the Criminal Code. This decision was a continuation of the initiative adopted by the State Duma on December 17.
The bill adds a note to Article 238, which specifies that it does not apply to cases of medical care. The current punishment can be up to ten years in prison if negligence causes the death of two or more people. Health Minister Mikhail Murashko noted that medical activity is always associated with high risk and should be aimed at protecting the life and health of patients.
“The professional activity of a medical worker is associated with making clinical decisions in conditions of high risk and uncertainty. A doctor always does this in the interests of the patient. This fundamentally distinguishes medical care from any other services that relate to this article. Moreover, medical care itself is always aimed at preventing danger and is provided in the interests of the life and health of the patient,” said Health Minister Mikhail Murashko. He stressed the importance of this step in creating a safe legal environment for doctors.
During the discussion, the head of the Constitutional Legislation Committee Andrei Klishas pointed to existing articles of the Criminal Code of the Russian Federation under which medical workers can be held liable, including Articles 109 and 118, which concern causing death or serious harm through negligence. However, he assured that the new law will help eliminate the practice of incorrectly classifying doctors’ actions as providing services.
