Criminal Liability Nuances of Medical Negligence During the COVID-19 Pandemic

Abstract

Under normal circumstances, the medical negligence of doctors in most European (continental) states is assessed within the limits of criminal liability under the criminal laws of each state, without exception in the case of COVID-19 or another pandemic. The author raises the question of whether doctors, in the performance of their duties and in the provision of treatment services during the COVID-19 pandemic, deserve any relief from their liability due to errors or negligence in the performance of their duties that have resulted in the consequences of damage to health or life loss of patients. The article provides an analysis of the special laws created for such situations and adopted in Poland and Italy while presenting the shortcomings and advantages of such legal regulation and distinguishing the discussion issues raised by legal scholars and practitioners of the abovementioned states. The author criticises the attempt to adopt a similar legal act in Lithuania and at the same time proposes to discuss the possibility of changing the existing legal regulation and setting limits on the criminal liability of doctors during the COVID-19 pandemic.