Iatrogenia damage: crime or delict?

Introduction. The interaction of such fields of human activity like medicine and law is a continuously changing field of knowledge. The value of iatrogenic «injury» in administrative and criminal-legal field is one of the “core” areas of research which are interesting and important for the whole society. It should be noted that the importance of understanding the iatrogenic crimes is an indicator of problems in society and momentum of changes. Problem. A number of questions about whether and how to effectively deal consideration is the type of dangerous acts, if still not solved the issue regarding terminology understanding of this phenomenon. The presence in the scientific literature, medical and legal nature about 40 definitions of iatrogenic and its derivatives demonstrates the generality of the concept, its gomogennosti (“closed”). However, all the existing interpretations have no legal finality. Methods: the comparative method in the field of differentiation of the approaches of domestic and foreign literature in the field of substantive concepts «iatrogenic damage»; the method of deduction; analysis of scientific literature in medical and legal content (since the 90-ies of XX century to the present). Results: to describe the semantic content of the phenomenon of “iatrogenia” follows the path of via negativa (way of negation), namely, than this judgment is not. Iatrogenia is Not a mistake, Not an accident, Not a reckless crime, Not a premeditated crime. Iatrogenia is a delict. Iatrogenia closely associated with the concept «the duty of care». Where the Central concept in the medico-legal relations is medical debt, not the oblgation to provide a medical service. Iatrogenia - dynamic deterministic phenomenon arising from unintended remarks of a health worker (doctor, nurse, etc.) and resulting in a change of the mental state of the patient.