title: [Medico-legal opinionating in cases of insobriety in medical personnel].
abstract: The authors analyzed the medico-legal opinions in cases of insobriety in medical personnel. The studies were based on the results of 157 medico-legal evaluations in criminal cases performed in the years 2005-2007. Expert appraisals included: correctness of medical management, degree of exposure to direct danger of death or grave detriment to health associated with alcohol intoxication of a physician, regardless of his activities being correct in their merits, as well as influence of insobriety on personnel behavior. Penal responsibility is implemented in case of exposing the patient to direct danger to life or severe detriment to health. The necessary analysis should include activities that have been or should have been performed by a physician with respect to his patients, their health status (degree of danged to life or health) and the effect of the physician's alcohol intoxication on his abilities to perceive and assess the reality, make decisions and perform his duties. The Polish law in force lacking the equivalent of Article 147 found in the Polish penal code of 1969 causes problems in penalization of insobriety in medical personnel.
authors.affiliation: Katedry Medycyny Sadowej, Zakładu Prawa Medycznego, Akademii Medycznej we Wrocławiu. tjurek@forensic.am.wroc.pl
authors.forename: Tomasz
authors.initials: T
authors.lastname: Jurek
authors.forename: Barbara
authors.initials: B
authors.lastname: Swiatek
authors.forename: Radosław
authors.initials: R
authors.lastname: Drozd
mesh_terms: D000046:Academic Medical Centers; D000435:Alcoholic Intoxication / Q000175:diagnosis / Q000517:prevention & control*; D000437:Alcoholism / Q000175:diagnosis / Q000517:prevention & control*; D005104:Expert Testimony / Q000331:legislation & jurisprudence* / Q000592:standards; D006282:Health Personnel / Q000331:legislation & jurisprudence*; D006801:Humans; D007603:Jurisprudence; D010815:Physician Impairment / Q000331:legislation & jurisprudence*; D011044:Poland; D010818:Practice Patterns, Physicians' / Q000331:legislation & jurisprudence; D028743:Professional Misconduct / Q000331:legislation & jurisprudence*