Сборник текстов для перевода. Борисова Л.А. - 15 стр.

listed in Table 1 of the National Practitioner Data Bank. It may be useful to re-
label physician violence and call it violent medical crime. After all, dentists and
nurses have been convicted of crimes committed in the course of medical prac-
tice or in a medical setting. And, it appears from the data that acupuncturists and
social workers are also involved in medical care and generate reportable activity.

      Health Care Professional Malpractice versus Violent Medical Crime
        Malpractice is defined as:
        An instance of negligence or incompetence on the part of a professional.
To succeed, a malpractice claim must also prove proximate cause and damages.
        Medical malpractice is defined as:
        A doctor's failure to exercise the degree of care and skill that a physician
or surgeon of the same medical specialty would use under the same circum-
stances.
        Negligence is defined as:
        The failure to exercise the standard of care that a reasonably prudent per-
son would exercise in a similar situation; any conduct that falls below the legal
standard established to protect others against unreasonable risk of harm, except
for conduct that is intentionally, wantonly, or willfully disregardful of others'
rights.
        Gross negligence is defined as:
        A conscious, voluntary act or omission in reckless disregard of a legal
duty and of the consequences to another party.
        Criminal negligence is defined as:
        Gross negligence so extreme that it is punishable as a crime.
        Criminal conduct can be said to be conduct proscribed by law. Such con-
duct includes many types of non-violent conduct such as billing and other finan-
cial frauds. However, violent criminal conduct by physicians is considered con-
duct that is harmful and meets the criteria, the corpus delicti, of criminal statutes
as applied to the medical arena. The distinction, then, is largely when malprac-
tice crosses the line to criminal conduct or when medical conduct is deliberately
criminal.
        Negligence and gross negligence can tip the balance between malpractice
and criminal negligence or conduct.
        Physicians and other medical practitioners are at risk if prosecutors are
able to prove intent to harm, reckless endangerment or willful neglect. Medical
mistakes, in and of themselves, are not crimes. However, prosecutors’ second-
guessing of physicians is such that physicians may not know what actions are
criminal or when medical mistakes become criminal until charges are filed.
        Most medical misadventure is malpractice and is dealt with by civil action
as a tort. Doctors carry malpractice insurance to guard against malpractice
claims. However, doctors are being charged criminally for actions and decisions
that have historically been considered medical error. And, it is not always easy

                                         15