The Moscow city court returned the criminal case against the doctor-a hematologist for further investigation to the investigative Department, South-West of the Main investigatory management SK of Russia across Moscow. The Agency promises that the investigation will be objective, for which a criminal case was even transferred to other investigators. But in the “League for the protection of doctors” believe that the result is still a prosecutorial bias and the tendency to assign ordinary doctors scapegoats in a failed health care reform has not changed.
As reported on Tuesday, the RF IC, http://sledcom.ru/news/item/1246835/ criminal case Elena Mishurina will be additional investigative steps “to remove obstacles of its consideration by court”. The Agency said that while it “will take into account all the received applications, motions in the criminal case”. In particular, for an “objective investigation” and “establish an accurate picture of what happened” the criminal case was referred to another investigative unit of the GSM TFR in Moscow.
Earlier with a request to remove the investigator who conducted the case of the doctor-a hematologist, to acting head of GSU SK of Russia across Moscow the Colonel of justice Andrey Strigovo turned “League for the protection of doctors.” http://ligadoctor.ru/?p=303 As the document says, the medical community is concerned that the investigation reopened the case, as well as personal position of the investigating of the investigator for particularly important cases Makartseva. The investigator continues to consider Misurino guilty and “substitute its value judgment of the real results of the investigation,” believe in the organization. “League for the protection of the doctors” expressed their willingness to cooperate with the investigation, in particular, “to establish a Commission of leading professionals to conduct an independent examination”.
We will remind, on January 22 this year, the head of the Hematology service of the Moscow hospital No. 52 Elena Mishurina pleaded guilty to rendering of services of inadequate quality, which led to the death of the patient. The investigation in this case lasted more than 4 years. In July 2013 Misurina held a patient suffering from leukemia, diagnostic procedure — trepanobiopsy (samples of bone marrow and bone tissue) in a private clinic “Genotechnology”. And, according to investigators, violated “the technique, tactics and technique of performing specified manipulations”, damaging the blood vessels. The patient’s death occurred a few days later in the clinic “Medsi”, where he was operated on, but doctors of this institution issues the investigation arose. Misurino sentenced to prison, but after rising in the professional community of anger released from custody, is not justified.
According to the President of the League for the protection of Seeds Halperin doctors, ordinary doctors and heads of hospitals who have signed a petition in defense of the hematologist and put on their pages in social networks avatar “#Jelena Misurina”, outraged by the inadequacy of the sentence and the absurdity of the charges. But about the injustice of the charges said not only they. For Misurina stood up experts from around the world, gave his opinion about the absence of a causal connection between the actions of the hematologist and the death of the patient (including the founder of the national Hematology school of academician Andrei Vorobyov).
And even the Moscow authorities. “Academician Vorobyov – the man who glorified domestic Hematology, all over the world use it as a classification of hematopoiesis. If I were a judge, examination Vorobyov to be blocked for me the opinion of all the experts together,” said usually calling for restraint, Deputy mayor of Moscow on issues of social development, honored doctor of the Russian Federation Leonid Pechatnikov.
“In society a great demand on punishing the guilty”
“The case of Misurino” also caused a new wave of discussion of the campaign against “iatrogenic crimes”, launched by the Investigative Committee last fall. The doctors resented the desire of law enforcers to criminalize any bad medical procedures, noting that the term “iatrogenic crimes”, which actively promotes the RF IC, allows you to send to jail almost any doctor whose patient died from any disease.
There were doctors and questions to the investigators and courts. In particular, why, all attracted by the result experts referred only to the conclusion of non-forensic pathologist of the group that conducted the study, not having any license of medical institution or signature of the physician. According to Halperin, the paradox of “doing Misurino” is that there is judicial-medical examination were not as such. Several assigned consequence of their choice of doctors made the conclusion on the basis written by the same pathologist autopsy materials.
“Difficult times ahead”
Despite the decision of Moscow city court have revealed irregularities in the investigation that led to the unfounded charges, the investigation continues and is still accusatory, says Halperin. According to him, today, when “optimization” almost destroyed the domestic health care, in a society very much in demand on punishing the guilty. “We relaxed, thinking that the threat of persecution of doctors by profession had gone, it was a mistake – says Halperin. – Difficult times ahead, and we must be ready to repel any attempt to make the medical community scapegoats in a failed health care reform”.
“We have, indeed, problems with the quality and availability of medical care, says a member of the “League for the defence of doctors” doctor-Olga Demicheva. But tomorrow won’t be a problem, because there will be no help at all. Remember the great quote Votchala: cowardly doctor in the doctor, he will find a thousand ways to do nothing for the patient. We are all under attack – and doctors and patients. We easily accept the law on criminal liability of doctors for the mistake, but categorically does not accept insurance law medical liability.”
Medical errors should be decriminalized
According to experts, it is Misurino demonstrates that in our country there is no civilized methods of resolving conflicts between patients and physicians, expertise illiterate or biased, as provided by the legislation the possibility of criminal prosecution of physicians leads to the fact that instead of finding the cause of death of the patient just administered extreme.
According to a member of the Expert Council under the Roszdravnadzor, President of the National Agency for the safety of patients and independent medical examination, M. D. Alexei Starchenko, medical errors should be decriminalized. Case Misurino should be considered in a fair civil trial, which would determine the amount of compensation from the clinic, as a legal entity. However, today the management of health facilities is easier to bring under criminal liability of the doctor, so it is possible to avoid the reputational damage and expenses for the payment of damages. To blame the ordinary doctor handy guide not only the “native” and “foreign” medical facilities – there are cases of shifting his responsibility to another, less status clinic.
The situation can change only when a criminal offense with a reckless form of guilt will be transferred into the category of administrative offences, according to the medical examiner, a leading lawyer of the company “Remez, Pechera and Partners” Ivan Pechera. According to him, it is necessary to separate medical error from negligence for which the law should receive the administrative section with a clear definition of error, which would suit the medical community.