Modern information systems as technologies for optimizing the investigation of iatrogenic crimes

Abstract

The relevance of this article lies in examining the prospects for implementing and utilizing an information system for recording and analyzing cases of improper medical care, with the aim of optimizing the investigation of iatrogenic crimes. The objective of this research is to demonstrate the necessity of developing and implementing such systems and to determine the practical possibilities of using information technologies to enhance the efficiency of investigating iatrogenic crimes. To achieve this goal, the study analyzed 20 judgments of the European Court of Human Rights concerning adverse outcomes in the provision of medical care; the World Health Organization's report on patient safety incident reporting systems; and the national Concept for the Development of a Strategy to Prevent Defects in the Provision of Medical Care. The research methodology includes the dialectical method, comparative legal method, structural-functional method, as well as sociological, analytical, statistical, and other methods. During the study, the key factors prompting the urgent need for effective mechanisms and innovative technological solutions to improve the investigation of iatrogenic crimes were identified and examined. These factors include the significant discrepancy between the number of cases of improper medical care and the number of criminal proceedings brought to court in this category of offenses.Difficulties in establishing a causal link between the actions (or inaction) of the person providing medical care and the adverse consequences in the form of harm to the patient’s health or their death; the latent nature of cases of improper medical care (defects in the provision of medical services). Generalized is the foreign experience of using and operating information systems for reporting adverse outcomes of medical care, and based on this, the advantages and capabilities of such systems are outlined. An analysis of the World Health Organization’s report on incident reporting systems related to patient safety has been carried out, the results of which indicate the existence of certain organizational problems in the implementation and use of such systems and proposed ways to address them. The results of this article include: proving the necessity of creating and implementing an information system for recording and analyzing cases of improper medical care; substantiating the position that the development and implementation of such a system in Ukraine will contribute to optimizing the investigation of iatrogenic crimes; arguing that the use of an information system for recording and analyzing cases of improper medical care will assist pre-trial investigation bodies in establishing the mechanism of iatrogenic crimes and its constituent elements; establishing a causal relationship between the actions (or inaction) of the person providing medical care and the adverse consequences in the form of harm to the patient’s health or their death; ensuring the prompt notification of law enforcement agencies about the occurrence of a case of improper medical care; simplifying the procedure for initiating criminal proceedings based on the facts of iatrogenic crimes; preventing obstruction in identifying cases of improper medical care by interested parties; and developing preventive recommendations for avoiding iatrogenic crimes. The provisions and recommendations proposed in this article are of scientific and practical value primarily for criminal justice professionals conducting pre-trial investigations of iatrogenic crimes, as well as for all participants in this process and individuals whose rights may be violated during the investigation. The issues discussed and conclusions drawn will also be useful for researchers, practicing lawyers, criminalistics experts, attorneys, and judges.