Increase in penalties for medical error on ”
www2 dca ca gov”
It turns out that shield 4.0 changes the criminal procedure in a much more extensive way than was predicted at the beginning ”
“”daniel saman”””. It is about Article 37A of the criminal code.the amendment of the provision will increase the number of imprisonment for many crimes. Including manslaughter and endangering life or serious injury. This, in turn, will translate directly into the responsibility of doctors.
The amendment interferes with the principle of criminal law concerning the primacy of liberty punishments. According to the current provision, if the law provides for the risk of imprisonment not exceeding eight years, a fine or restriction of liberty may be imposed instead. The new wording assumes that the court in such crimes can waive the prison term only if it has passed a sentence not exceeding one year. Moreover, the penalty imposed instead of restriction of liberty must be at least three months, and the minimum fine-100 daily rates ”
In many crimes, including those provided for in Article 155 of the criminal code and Article 160 of the criminal code, the penalty is from 3 months to 5 years imprisonment. This means that in most situations the court will be obliged by law to impose a custodial sentence without the possibility of waiving the prison sentence, which may have been the case at present. The wording of the provision also means that there may be considerable divergence of interpretation in the case-law.
Unrest and announcement of protests ”
The increase in penalties for medical errors is rightly worrying in the medical community, which should not be surprising ”
www2 dca ca gov”. Doctors pay attention to the risk of error, which is fraught with virtually every medical procedure. The increase in penalties will not reduce the occurrence of such events. It will only cause unnecessary anxiety and resentment in the environment.
Doctors also note that the changes may lead to further protests in the environment, which in the current situation is unlikely to be in anyone’s hands. They also urge that the issues of medical errors and their consequences be treated separately because of their specificity