Reconsidering Criminal Accountability in Medical Practice: Russian Debates and Global Context

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Yan Vlasov, who chairs the Public Council for the Protection of Patients’ Rights and co‑chairs the All-Russian Patients’ Union, argues that criminal prosecutions for medical errors should be ended in Russia. This approach mirrors changes already implemented in many countries, where doctors are typically not held criminally liable for the outcomes of a given treatment. He has been engaging in discussions with NSN to explore these reforms.

The proposal suggests replacing criminal provisions that penalize doctors with administrative measures aimed at improving accountability and patient safety while avoiding punitive criminal sanctions for professional medical decisions made in the course of care.

“Medical outcomes can be highly unpredictable, and diseases can evolve in very individual ways,” Vlasov noted. “Treating missteps by doctors as criminal offenses is not the norm anywhere else in the world, and it should not be a standard here either.”

When commenting on plans by State Duma deputies to remove the term “medical service” from Russia’s legal framework, Vlasov explained that such a linguistic change would not eliminate the persecution of doctors. He argued that it would simply trigger regulatory and administrative revisions that come with any rewrite of statutory terms. In his view, the removal would not prevent doctors from delivering services governed by a broad set of rules and regulations that shape everyday clinical practice.

“Even if you rename things, the practical reality remains. Clinical guidelines and professional standards are what ultimately matter, and those will not shift due to a terminology change,” he stated.

Parliamentary discussions have already produced a bill that seeks to restrict the term “medical service” to contexts involving paid assistance. Proponents contend that this adjustment could elevate the prestige of the medical profession while contributing to the decriminalization of certain medical activities. Such a bill underscores ongoing efforts to reframe medical responsibilities within Russia’s regulatory landscape.

Meanwhile, a separate case from Ecuador serves as a stark reminder of the ongoing challenges in patient safety. A woman there faced a near-fatal outcome following a medical error. The incident underscores the global importance of transparent error reporting, robust professional standards, and continuous improvement in patient care. The lesson resonates beyond borders: accountability mechanisms must balance patient protection with fair professional assessment, avoiding disproportionate criminalization of medical practice, while still prioritizing safety and quality of care. This perspective aligns with broader international trends emphasizing system-wide learning and prevention over punitive responses to error.

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