The Harmonization of Criminal Responses to Medical Malpractice in Europe: Comparative and International Law Perspectives
Year: 2026
Type: article
Abstract: This article analyzes criminal law approaches to responding to medical errors and professional negligence in the provision of medical care in several European countries: Ukraine, Moldova, Romania, Poland, and Germany. The study focuses on the legal basis for the criminal liability of medical professionals and how medical malpractice is qualified in various legal systems, including requirements for the professional standard of care, forms of culpability, establishing causation, and the use of medical examination in criminal proceedings. The article aims to identify similarities and differences in national models of criminal law responses and assess the potential for their functional convergence within the European legal space. The study employs comparative legal and formal legal analysis, as well as a functional approach, taking into account international standards and the practice of the European Court of Human Rights. The analysis demonstrates that, despite the absence of uniform criminal law provisions on medical negligence, European legal systems demonstrate convergence in terms of liability criteria and procedural guarantees. It is concluded that further harmonization is primarily associated with the agreement of standards of evidence, the role of examination and approaches to acceptable medical risk, and not with the formal unification of criminal legislation.
Author: Constantin Pisarenco
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7204041122