LEGAL LIABILITY OF A PHYSICIAN FOR PROVIDING INADEQUATE MEDICAL CARE TO A PATIENT: ANALYSIS OF APPROACHES BASED ON THE EXAMPLES OF KAZAKHSTAN AND THE UNITED STATES

Abstract

Background: This research focuses on the determination of liability for medical professionals causing harm to patients, using the criminal legislation of the Republic of Kazakhstan as a foundation. Criminal liability for medical offences is stipulated in Chapter 12 of the Criminal Code. By identifying the mandatory characteristics or elements of a medical criminal offence according to the criminal legislation of Kazakhstan, parallels are drawn with the types of culpability provided for in developed countries worldwide. The authors reviewed scholarly works examining the effectiveness of handling cases involving harm to patients and decisions regarding the satisfaction or dismissal of the patient's claims in Kazakhstan. Attention has been given to empirical data collected within the territory of the Republic of Kazakhstan. The results of sociological research conducted by the authors over a period of 3 months among healthcare professionals from different regions of the country have been utilised. Special attention has been devoted to international experiences in implementing measures to improve patient safety, reducing citizen complaints regarding the quality of healthcare services, and enhancing the legal protection of medical personnel. The research selects provisions from scholarly works that reduce the risk of harm to patients and thereby contribute to reducing medical crime levels. Methods: In this research, the authors employed a number of methods of scientific research to achieve their goals and solve their tasks, in particular legal analysis, comparative legal analysis, survey, questionnaire, and interviewing. Legal analysis of the Criminal Legislation of the Republic of Kazakhstan, including Chapter 12 of the Criminal Code, was conducted to identify the specifics of criminal liability for medical offences, exemplified by Article 317. This analysis highlighted the nuances of criminal liability for medical offences in Kazakhstan. Comparative legal analysis made it possible to compare the responsibilities of doctors in the USA and Kazakhstan. Attention was drawn to the similarity of the concepts of guilt in the form of negligence, with a specific emphasis on the American approach, which offers valuable insights for Kazakhstan. These aspects could be adapted to improve Kazakhstan's legal system. The specific cases of harm to patients considered by the courts of the Republic of Kazakhstan were studied, and court decisions concerning the satisfaction of patients' claims and their rejection were analysed, which allowed the authors to identify the main arguments and trends in judicial practice. Surveys and questionnaires were conducted among medical workers from various regions of Kazakhstan to gather empirical data on their perceptions of duties and responsibilities. Additionally, in-depth interviews were also conducted with experts in the field of medicine and law, as well as patients, and representatives of health authorities, providing high-quality data on the problems and challenges faced by medical workers. Statistical data collected during sociological research were processed and analysed. This included data on citizen complaints about the quality of medical care, cases of harm to patients and other relevant statistical indicators. The study of the problem at various levels revealed the level of patient safety and legal protection of medical personnel. Results and Conclusion: Creating conditions for medicine and ensuring effective social and professional medical insurance are some factors that provide opportunities for medical practice as a whole and the healthcare system. These facts also facilitate a proper legal assessment of a doctor's performance.