Legal analysis demonstrates reduced criminal liability for medical error in healthcare workers abroad, highlighting the need to differentiate domestic penalties during pandemics.
In the context of the COVID-19 pandemic, the issue of criminal law consolidation of the concept of “medical error” in criminal law has become especially acute. The new coronavirus infection COVID-19 pandemic has become a serious challenge for the national healthcare system. Foreign theory increasingly adheres to the idea of mitigating the criminal liability of medical workers for medical errors. It is concluded that the general basis for bringing a doctor to criminal liability in foreign countries is a gross violation of generally accepted standards of medical care. At the same time, the COVID-19 pandemic plays an important role in rethinking the domestic approach to understanding responsibility for iatrogenics and the need for its differentiation.
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Bayanduryan et al. (2024) studied this question.
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