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Responsibility of medical workers

Intentional crimes against life and health of the person.
St. 116 of the RSFSR criminal code provides criminal penalties for the crime, which is expressed in an illegal abortion (regardless of the length of pregnancy) by a doctor or by a person not having completed higher medical education. Illegal abortion, produced outside the hospital, and the hospital, but with violations of the existing rules and regulations. According to the established judicial practice, any abortion committed outside the hospital, is produced in unsanitary conditions, because it can not be made for elimination of failures consequences of intervention (for example, for the operation laparotomy when perforation of the uterus) and ensure woman adequate treatment and care.
The only circumstance that excludes liability for illegal abortion, is a state of extreme necessity, that is, if abortion is made to correct a real danger to the woman's life, when this danger in these particular circumstances could not be resolved any other way and when caused by abortion harm less significant than the prevented damage, i.e. when abortion was made on condition of life.
Circumstances, increase penalties for illegal abortion, are: the multiplicity of illegal abortion, the death of a woman or grave consequences (severe incurable disease, infertility, removal of the uterus, disability and others) as a result of abortion. In such cases must be installed there is a direct causal link between abortion and specified its consequences.
In our country medical care is provided free of charge to all in need of it at any time of year and day numerous medical institutions of the Ministry of health of the USSR and Union republics, health parts of industrial enterprises, trade unions, organs of social security and other agencies.
But in life there are circumstances and the specific situation (injuries, drowning, poisoning, acute illness, and others), when an urgent need to provide medical care for a sick or injured by any medical officer in place, outside the facility.
The necessity of such assistance provided by senior 33 of the "Bases of the legislation of the USSR and Union republics on health care, which States: "Medical and pharmaceutical workers are obliged to provide emergency medical assistance to citizens in the road, on the street and in other public places and at home". Failure to provide medical assistance to the needy in her patient without valid reasons , constitutes corpus delicti, provided for senior 128 of the criminal code of the RSFSR. This crime is intentional in nature, expressed in omission of medical worker: absence to the patient for his call, to assist the patient in cases of injury or sudden illness in the street or elsewhere; to the patient in the hospital.
Valid reasons for non-provision of medical assistance may be disease or injury of the medical worker; the provision of health worker at the same time help another in need it sick; the inability to engage in physical contact with the patient (lack of transport and other). Link to the incompetence of medical worker is not a valid reason. If the health care worker himself cannot help the patient, he is obliged to take immediate action or transportation of the patient in hospital, or to attract other health worker to assist the patient. The question of legitimacy or when neuveritelne officials denied medical care is decided in each case by the court.
Aggravating circumstance resulting in an increased responsibility, is the death of the patient or the real possibility of its occurrence.
St. 222 of the criminal code of the RSFSR criminal liability for violation of sanitary-hygienic and sanitary-epidemiological rules established in order to combat epidemics.