The Association of Healthcare Organization Directors expresses concern over the aggression towards medical workers and their leaders, as well as their treatment as dangerous criminals in pre-trial detention and subsequent criminal prosecution. This was stated in a post on the organization's Facebook page.
Disputes over the degree of fault of a medical worker in a given situation have always existed and will continue to exist, as it is not always possible to establish the truth.
The complexity lies in the fact that "medicine is a mixture of craft and art." In particularly complex situations, it is not always possible to unequivocally interpret the chain of events that led to a tragedy. Even among lawyers, there is an opinion that doctors should not be held criminally responsible if harm was caused to a patient unintentionally. Abroad, doctors are not imprisoned for unintentional errors. Their interests, as well as those of the patients, are protected by medical liability insurance. If it is proven that a patient suffered due to incorrect treatment, they receive financial compensation. However, if a medic is found responsible for causing harm to a patient, they may not face prison, but it would essentially mean the end of their professional career. The actions of such a professional are thoroughly reviewed by the relevant association, and if incompetence is confirmed, they are stripped of the right to practice.
In Kyrgyzstan, the Criminal Code contains various articles regarding the degree of fault of medical workers. The absence of a deliberate intent in their actions, aimed at causing harm to a patient's health, does not exempt them from criminal liability.
Therefore, every doctor in our country works under the threat of "possible criminal punishment." Especially when law enforcement agencies start investigating cases of patient deaths or serious harm caused by medical practitioners.
The association believes that society should understand that while striving to minimize medical errors is important, completely avoiding them is impossible. Even when all clinical recommendations are followed, unforeseen situations can arise due to the individuality and unpredictability of the human body. For example, in the United States, it is officially recognized that the number of deaths due to medical errors ranks third among the leading causes of death after cardiovascular diseases and cancer.
"We believe that criminal liability can be provided for medical workers, but only in cases where they deliberately deprive a patient of medical assistance. As for the leaders of organizations, they are responsible for everything that happens in the organizations entrusted to them, primarily for the safety and quality of medical services provided, as well as for creating working conditions for their employees, providing them with the necessary equipment and medications in sufficient quantities. However, holding them criminally responsible is excessive. Disciplinary or administrative measures should be applied to them: dismissal from their positions and a ban on holding managerial posts," the authors of the statement added.
The association calls on other medical professional associations, independent trade unions, healthcare worker unions, and other public organizations to unite in regulating the legal aspects of providing medical services to the population; to facilitate the creation of a system of legal and judicial protection for medical workers and medical organizations; to develop algorithms, action standards, and regulations on the ethical aspects of the activities of medical workers when dealing with patients.
On December 18, 2023, a three-year-old girl passed away at the dental clinic of the Kyrgyz State Medical Academy (KGMA) after receiving general anesthesia. The police initiated a criminal case under Article 146 "Improper Fulfillment of Professional Duties by a Medical or Pharmaceutical Worker" of the Criminal Code of the Kyrgyz Republic. However, later, the anesthesiologist was charged under Article 130 of the Criminal Code of the Kyrgyz Republic, which provides for responsibility for intentionally causing serious harm to health. Additionally, the director of the medical center at KGMA, where the girl passed away, has been detained. They are currently in pre-trial detention.
