About the problem of determination of the legal status of medical worker

Abstract

In this article, the subject of iatrogenic crimes is analyzed. Criminal legislation does not allocate a medical worker as a special subject of crime, which causes difficulties in the qualification of iatrogenic crimes. The author of the article explores the notion of a medical worker, the essence of medical activity, persons who have the right to carry out medical activities, documents that determine the status of a medical worker, the limits of the professional competence of medical personnel, and concludes that persons assigned the legal status of a medical worker doctors, middle and junior medical personnel, midwives, pharmacists, their assistants, students of higher and secondary medical educational institutions who work in state, municipal, private health systems. At the same time, these persons should be given the duty to directly provide the appropriate type of medical assistance. The absence of such an obligation excludes criminal liability. The main criteria for a person who has the legal status of a medical worker are: 1) the availability of medical or other education in the Russian Federation in accordance with federal state educational standards; 2) the availability of a certificate of a specialist; 3) availability of a license for a selected type of medical activity. Persons engaged in traditional medicine (healing) do not have the legal status of a medical worker, this is a separate category of persons whose illegal activities require clear legislative regulation.