ABSTRACT
OBJECTIVE: Aim: To investigate and analyze legal conflicts in forensic dentistry of Ukraine. PATIENTS AND METHODS: Materials and Methods: A comparative research method for determining the common and distinctive features of the legal regulation of forensic dental expertise as a subcluster in the legislation of Ukraine. The descriptive (monographic) method reveals the problematic aspects of forensic dental examination through the lens of local normative and general normative connotations. The structural-functional research method made it possible to systematize the peculiarities of forensic medical and forensic dental expert activity. CONCLUSION: Conclusions: The analysis of legal conflicts made it possible to come to the following conclusions, that in Ukraine today there is no specific legal act that would regulate the aspects of performing dental activities. Forensic dental examination in Ukraine, in accordance with the legislation, is an examination of the actions and inactions of the dentist. The adoption of normative legal acts in the field of dental activity and forensic dental examination in Ukraine would make it possible to determine the specifics of establishing facts and circumstances that indicate a violation of the patient's rights.
Subject(s)
Forensic Dentistry , Ukraine , Humans , Forensic Dentistry/legislation & jurisprudenceABSTRACT
The paper presents the results of a comparative epidemiological study of thermal injury and fatal hypothermia based on the results of consolidated reports of the Bureau of Forensic Medicine of the Moscow Department of Health for 2017-2019. It was analyzed the archival material for three calendar years. It was used a continuous retrospective research method with an assessment of the general aggregate of the death incidence from thermal injury and hypothermia in Moscow in 2017-2019 by means of nonparametric statistical methods. Deaths from thermal injury and hypothermia are the most often accidents. The incidence of this type of death is characterized by ups and downs depending on the season. May, January and December are the most dangerous for burns. A similar pattern, with the exception of May, was noted for hypothermia. It was found that men aged 50-70 and women of 70-90 years old die most often. It was determined that most social characteristics (education, being married, etc.) alter the average age when deaths occur. The results obtained provide statistical justification for further more thorough study of thermal injury and hypothermia.
Subject(s)
Burns , Hypothermia , Aged , Aged, 80 and over , Burns/epidemiology , Burns/etiology , Female , Forensic Medicine , Humans , Hypothermia/epidemiology , Hypothermia/etiology , Male , Moscow , Retrospective StudiesABSTRACT
The present study addresses the complicated borderline problems facing researchers of human images obtained with the use of photographic and videotechnical means and methods that imply the necessity of the combined application of the knowledge of different aspects of forensic medical and criminalistics expertises. The fundamental principles of comprehensive investigations and expertises are defined. The theoretical substantiation is provided for the performance of the combined forensic medical expertises and forensic facial reconstruction based on the concrete examples from expert practice. Special attention is given to the schedule and conduction of such examinations. It is demonstrated that only the joint analysis of all characteristic features revealed by different specialists allows for a definitive expert conclusion of evidentiary value.
Subject(s)
Forensic Medicine/standards , Physical Appearance, Body , Expert Testimony , HumansABSTRACT
The topic proposed by this research is the complex determinism or requesting forensic expertise for the purpose of postponing or interrupting a sentence in medical ground. Within the topic, it was necessary to perform a complex analysis on several aspects of inmate life, from the point of view of their rights and especially the right to medical assistance. We have included aspects related to the evolution of the legal framework and current regulations, to the status of medical assistance in the penitentiary environment (illustrating realities related to morbidity and mortality) and to the doctor-patient relationship during a forensic expertise. To this end, this paper aims to reveal the realities of how inmates are informed about the framework in which the institution of forensic expertise operates, as well as to analyse the inmates' perception on the accessibility and usability of this type of expertise. At the same time, we aimed to identify cases which abusively exceed the boundaries of requesting sentence interruption on medical grounds and the causes of these situations. In the first part, a retrospective statistical study was performed in mortality within the penitentiary population in the area included in the study. The characteristics particular to the doctor-inmate patient relationship were also explored.
Subject(s)
Forensic Medicine/legislation & jurisprudence , Prisoners/legislation & jurisprudence , Adult , Age Factors , Educational Status , Humans , Male , Middle Aged , Romania , Time FactorsABSTRACT
The author considers the main landmarks in the formation and development of the science of forensic expertise and related activities. Special attention is given to the necessity of increasing knowledge and skills in judicial proceedings, further elaboration and perfection of the theory and practice of forensic expertise to meet the requirements put forward by the XXIth century. It is emphasized that this work is needed to lay the foundation for the creation of the self-consistent science - forensic expertology, based on the interdisciplinary general theory of forensic expertise. The author builds up the definition of the subject of forensic expertology taking into consideration the basic issues studied by this science. The scientific paradigm, its functions, tendencies and prospects for its further development are substantiated.
Subject(s)
Expert Testimony , Forensic Medicine/organization & administration , Forensic Sciences , Expert Testimony/methods , Expert Testimony/standards , Forensic Sciences/methods , Forensic Sciences/trends , Humans , Russia , Social PlanningABSTRACT
The present article deals with the categorization of the forensic medical expertises with respect to their ranking as commission and/or comprehensive ones. The arguments for and against such an approach and interpretation are presented.
Subject(s)
Expert Testimony , Forensic Medicine/methods , Patient Care Team , Dissent and Disputes , Expert Testimony/legislation & jurisprudence , Expert Testimony/standards , Government Regulation , Humans , Interdisciplinary Communication , Patient Care Team/legislation & jurisprudence , Patient Care Team/organization & administration , RussiaABSTRACT
Aim of the study: One of the basic issues discussed in forensic literature regarding falls from a height is determination of fall heights and differentiation between suicidal and accidental falls. The aim of the study was to verify the usefulness of the available methods for the purposes of forensic expertises. Material and methods: The study encompassed fatalities of falls from a height whose autopsies were performed in the Department of Forensic Medicine in Lublin. Results: Similarly to other authors, the severity of injuries was assessed using the Abbreviated Injury Scale (AIS) and injury severity score (ISS). The study findings demonstrated a statistically significant correlation between the fall height and the severity of injuries according to ISS and a statistically significant difference in fall heights between the groups of accidents and suicides.
Subject(s)
Accidental Falls/statistics & numerical data , Trauma Severity Indices , Wounds and Injuries/classification , Craniocerebral Trauma/classification , Female , Humans , Poland , Postmortem Changes , Wounds and Injuries/epidemiologyABSTRACT
En el presente artículo se aborda un tema de actualidad dentro de la responsabilidad médica: la obligación de medios y la de resultados. Si bien la primera es la que predomina en cualquier relación médico paciente, existe algunas especialidades como cirugía estética, radiología, radioterapia, anatomía patología y anestesia, en las que la obligación de resultados ha venido a formar parte de muchos de sus procedimientos. Con base en estos supuestos se exploran casos de la jurisprudencia Argentina y española y se nota cómo esta última ha evolucionado al punto de no abordar un caso a priori como de obligación de medios o de resultados, sino analizarlo individualmente para emitir la sentencia y la probable compensación...
Subject(s)
Humans , Surgery, Plastic/legislation & jurisprudence , Ethics, Medical , Jurisprudence , Liability, Legal , Argentina , SpainABSTRACT
Objective To investigate the clinical forensic assessment on cases of suspected medical malpractice and the other related aspects concerning the assessment in clinical forensic expertise. Methods Clinical data from 25 cases expertized for suspicion of medical malpractice were retrospectively analyzed. Results 16 cases were due to the medical muff (10 cases of 16 medical muff had a bad consequence and happened in the department of operation, 6 cases had not ones); 9 cases were non-medical muff. Conclusion Though the medical muff recognized is basic, but the relationship between the medical muff and the following bad results of medical muff is the best key for the forensic expertise. Otherwise, the scientific and practical value must be considered in the forensic expertise.
