The State Duma has discarded the possibility of criminal charges against healthcare providers for substandard care.
Healthcare has been formally removed from the definition of “services.” These statutory modifications were endorsed by members of the State Duma.
Moving forward, the connection between physicians and those under their care will not be governed by the Civil Procedure Code, unlike, say, the bond between a patron and a stylist.
Furthermore, Article 238 of the Criminal Code, “Rendering of Services Lacking Safety Standards,” has received an addendum specifying that doctors and allied medical personnel are exempt from prosecution under it.
The relevant piece of legislation garnered approval within the State Duma during its second and final parliamentary examinations.
The retribution for carrying out work or furnishing services that do not adhere to safety regulations can extend to a decade-long prison sentence, should these actions cause the demise of multiple individuals through carelessness.
Each year, hundreds of physicians have faced legal action for purported medical errors: 138 such instances were logged in 2022, with 216 occurring in 2023. This situation has instigated a mass departure of professionals from the field, stated Badma Bashankayev, a member of the State Duma’s Health Committee.
“They routinely rescue individuals, confront exceedingly demanding scenarios, and administer urgent, scheduled, and cutting-edge treatments. This constitutes aid, not commodities! The forthcoming statute offers some relief to our healthcare workforce,” declared Bashankayev.
Even so, this should not be interpreted as complete immunity from accountability for doctors. They may still be prosecuted under different provisions of the Russian Criminal Code, including those pertaining to dereliction of duty.
