REVIEW OF CRIMINAL CASES AGAINST OBSTETRICIANS AND GYNECOLOGISTS DURING THE LAST FIVE YEARS UNDER ARTICLE 109 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (CAUSING DEATH BY NEGLIGENCE DUE TO IMPROPER PERFORMANCE BY A PERSON OF HIS/HER PROFESSIONAL DUTIES)

Background. Over the past five years, there has been an increase in citizens’ appeals to the Investigative Committee of the Russian Federation. The number of criminal cases brought against physicians is also growing. Specialists at high risk of persecution include surgical specialists, obstetricians and gynecologists in particular. Objective. To analyze criminal cases against physicians in obstetrics and gynecology, which were initiated under Article 109 (part 2.) of the Criminal Code of the Russian Federation. Materials and methods. Publications were searched in the electronic databases: the State Automated System of the Russian Federation “Justice” (https://bsr.sudrf.ru/bigs/portal.html) and the Court Decisions of the Russian Federation (https://court decisions.rf). The search depth was f ive years: from January 1, 2015 to January 1, 2020. Results. The investigators examined 49 criminal cases brought against obstetricians and gynecologists, including 38 cases relating to deliveries that resulted in female or infant deaths and 11 cases opened owing to female deaths after gynecological interventions. The most significant and frequently committed defects in the provision of medical care, incriminated to the physicians by law enforcement agencies, were identified. Both the aggravating and mitigating circumstances used by the courts were presented. Conclusion. Assessment of a physician’s actions is often based on subjective criteria and expert experience, frequently without due regard to the existing clinical guidelines and other regulatory documents.

criminal cases, obstetrician/gynecologist, defects in the provision of medical care, law enforcement agencies, medical errors