Conducting Forensic Medical Examination in Litigation in the Field of Medical Services: Problems and Possible Solutions

Abstract

When considering medical disputes, conducting a forensic medical examination is one of the main ways to prove the guilt or innocence of medical workers in providing medical services. However, such examination does not fully meet both the interests of the defendants (mainly medical workers), since it is often aimed at confirming their guilt, and the interests of the plaintiffs (patients and their relatives), for a number of factors, including the long duration of examinations, as well as the ability of experts to hide the presence of defects in the medical services due to corporate solidarity. In addition, the examination is carried out exclusively by state medical institutions, in this regard, various problems arise, which include the relationships between medical workers and experts, incorrect formulation of questions when considering a medical dispute, etc.

The author concludes that it is necessary to introduce norms into the current legislation that would allow medical workers to actively protect their interests during forensic medical examination, and would not violate the rights of patients to receive compensation. The consolidation of the procedure for conducting a forensic medical examination will also allow the court to simplify the process of considering medical disputes by excluding various controversial points.