Procedural legal analysis of medical malpractice as a crime in the Comprehensive Organic Criminal Code

Abstract

This research aims to establish, from a theoretical and normative perspective, the need for regulation of medical malpractice in the Comprehensive Organic Criminal Code, in the event that it causes a harmful outcome to the victim that does not result in death, through a lege ferenda proposal. Currently, the criminal procedural law in Article 146 regulates the crime of negligent homicide due to professional malpractice, and Article 152 regulates injuries caused by malpractice. There are many cases of medical malpractice that do not result in death, but rather in a harmful outcome. In these cases, it is considered that the crime of injuries should be considered the same as negligent homicide, including disqualification of the professional within the sentencing judgment, especially in medical cases. The research reveals insufficient regulatory regulation of medical malpractice in the event that it causes a harmful outcome to the victim. Therefore, the results of the study establish the need to formulate theoretical and normative assumptions for its adequate regulation. The methodology employed for the development of the work utilized theoretical methods such as the historical-logical, analysis-synthesis, systemic-structural, hermeneutic, comparative law methods, and content analysis as an empirical method