Review of criminal cases against obstetricians and gynecologists during the last five years under Article 109 of the Criminal Code of the Russian Federation (causing death by negligence due to improper performance by a person of his/her professional duties)

Gorbachev V.I., Kozlov A.I., Netesin E.S., Ershova Yu.V., Gorbacheva S.M.

1) Irkutsk State Medical Academy of Postgraduate Education, Branch, Russian Medical Academy of Continuing Professional Education, Ministry of Health of the Russian Federation, Irkutsk, Russia; 2) Orenburg Institute (Branch), O.E. Kutafin Moscow State Law University, Ministry of Education of the Russian Federation, Orenburg, Russia

Background. Over the past five years, there has been an increase in citizens’ appeals to the Investigative Committee of the Russian Federation. The number of criminal cases brought against physicians is also growing. Specialists at high risk of persecution include surgical specialists, obstetricians and gynecologists in particular.
Objective. To analyze criminal cases against physicians in obstetrics and gynecology, which were initiated under Article 109 (part 2.) of the Criminal Code of the Russian Federation.
Materials and methods. Publications were searched in the electronic databases: the State Automated System of the Russian Federation “Justice” (https://bsr.sudrf.ru/bigs/portal.html) and the Court Decisions of the Russian Federation (https://court decisions.rf). The search depth was five years: from January 1, 2015 to January 1, 2020.
Results. The investigators examined 49 criminal cases brought against obstetricians and gynecologists, including 38 cases relating to deliveries that resulted in female or infant deaths and 11 cases opened owing to female deaths after gynecological interventions. The most significant and frequently committed defects in the provision of medical care, incriminated to the physicians by law enforcement agencies, were identified. Both the aggravating and mitigating circumstances used by the courts were presented.
Conclusion. Assessment of a physician’s actions is often based on subjective criteria and expert experience, frequently without due regard to the existing clinical guidelines and other regulatory documents.

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About the Authors

Vladimir I. Gorbachev, MD, Dr. Med. Sci., professor, Head of the Department of Anesthesiology and Reanimatology, Irkutsk State Medical Academy of Postgraduate Education —­ branch campus of the Russian Medical Academy of Continuous Professional Education.
Теl.: +7(902)566-63-89. E-mail: gorbachevvi@ya.ru. ORCID: 0000-0001-6278-9332. 664049, Russia, Irkutsk, md. Jubilee, 100.
Alexey I. Kozlov, intern of the Department of Anesthesiology and Reanimatology, Irkutsk State Medical Academy of Postgraduate Education — branch campus of the Russian Medical Academy of Continuous Professional Education. Теl.: +7(924)625-50-07. E-mail: dok.alexkozlov@mail.ru. ORCID: 0000-0003-1640-904.
664049, Russia, Irkutsk, md. Jubilee, 100.
Evgeniy S. Netesin, Cand. Med. Sci., Associate Professor of the Department of Anesthesiology and Reanimatology, Irkutsk State Medical Academy of Postgraduate
Education — branch campus of the Russian Medical Academy of Continuous Professional Education.
Теl.: +7(902)761-42-26. E-mail: jeinnet@mail.ru. ORCID: 0000-0002-4100-5516. 664049, Russia, Irkutsk, md. Jubilee, d. 100.
Yulia V. Ershova, Candidate of law, Associate Professor of the Department of Civil Law and Procedure, Orenburg Institute (branch) of O.E. Kutafin Moscow State Law University, Ministry of Defense of Russia. Tel.: +7(3532)31-99-11. E- mail: yuliya.erschova@mail.ru. ORCID: 0000-0003-3253-6267. 
460000, Russia, Orenburg, Komsomolskaya str., 50.
Svetlana M. Gorbacheva, MD, Dr. Med. Sci., professor, Head of the Department of Ambulance and Disaster Medicine Irkutsk State Medical Academy of Postgraduate Education — branch campus of the Russian Medical Academy of Continuous Professional Education.
Tel.: +7(914)878-06-12. E-mail: gorbachevasm@mail.ru. ORCID: 0000-0003-3235-0374. 664049, Russia, Irkutsk, md. Jubilee, 100.

For citation: Gorbachev V.I., Kozlov A.I., Netesin E.S., Ershova Yu.V., Gorbacheva S.M. Review of criminal cases against obstetricians and gynecologists during the last five years under Article 109 of the Criminal Code of the Russian Federation (causing death by negligence due to improper performance by a person of his/her professional duties).
Akusherstvo i Ginekologiya/Obstetrics and Gynecology. 2021; 1: 5-11 (in Russian)
https://dx.doi.org/10.18565/aig.2021.1.5-11

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