Liability of medical staff: issues of theory and court practice

The article reviews a few aspects and problematic points of the theory and judicial practice, related to health services delivery. Short definitions, such as medical malpractice, iatrogenesis, and iatrogenic crime are given hereto. There were considered the following problematic issues of a medical worker liability for failure to perform or improper performance of professional duties, the problem of actions (inactions) of a medical worker qualification, the value of expert opinion in such cases. There were noted the significance and difficulties in setting up of causal connection between action of a medical worker and occurred criminal consequences. There were given a brief analysis of legislative initiatives to amend the criminal legislation of the Russian Federation with regard to special norms on criminal liability of medical workers.