In recent months, the public has been closely following a series of criminal proceedings involving medical errors. Media-publicized cases of patient deaths and treatment irregularities have increasingly raised questions about the limits of physicians' criminal liability. Public debate often assumes that every medical error constitutes a crime. However, from a criminal law perspective, this is a simplification that is not supported by either legislation or case law.
One of the most frequently applied provisions in cases involving medical personnel is Article 160 of the Penal Code, which penalizes exposing a person to the immediate danger of loss of life or serious bodily harm. In practical pretrial proceedings, this charge appears much more frequently than the charge of involuntary manslaughter under Article 155 of the Penal Code. This stems from the fact that liability under Article 160 of the Penal Code does not require a tragic outcome; rather, the creation of a real and immediate threat to the patient's life or health is sufficient.
The doctor as a guarantor of patient safety
The specific nature of medical personnel's responsibility stems from the physician's role as a guarantor of patient safety. This means that from the moment treatment is initiated, the physician is legally obligated to protect the patient's life and health. Consequently, the physician may be held liable not only for their active actions but also for failing to take action they were obligated to take.
This does not mean, however, that the physician is responsible for every adverse outcome of treatment. As the literature correctly points out, criminal liability must be assessed taking into account the current state of medical knowledge at the time of the therapeutic decision, rather than through the prism of subsequent events or knowledge acquired after the completion of treatment. It is the state of knowledge and circumstances known to the physician at the time of decision-making that constitute the reference point for assessing their conduct.
Medical error is not always a crime
One of the most common myths is that medical errors are equated with criminal liability. However, these are two distinct concepts.
A medical error may constitute grounds for civil or professional liability, but it does not automatically constitute a crime. To establish liability under Article 160 of the Penal Code, it is necessary to demonstrate all the elements of a prohibited act, primarily the existence of an imminent danger and a link between the physician's conduct and the resulting threat.
In practice, it's equally important to distinguish between a medical error and a therapeutic failure. Not every patient death or lack of improvement is due to improper conduct by medical personnel. Medicine is not an exact science, and many conditions (even with proper treatment) can lead to serious complications or death.
What is "imminent danger"?
A key element of the offense under Article 160 of the Penal Code is the concept of imminent danger. This does not refer to every situation that increases risk to the patient, but rather to a real, specific, and present threat.
For example, criminal liability may be considered in situations where a patient with symptoms of a heart attack is neglected, a patient is not treated for a serious infection, or a necessary surgical intervention is not undertaken despite clear indications. In such cases, the conduct of medical personnel may lead to an immediate threat to life or serious harm to health.
This does not mean, however, that every deviation from medical procedure meets the criteria of Article 160 of the Penal Code. For criminal liability to be incurred, it is necessary to demonstrate that the violation of standards actually created a direct threat to the patient.
The importance of expert opinions
Medical malpractice cases are among the most complex criminal proceedings. This stems from the need to assess issues requiring specialized knowledge. Therefore, expert opinions from relevant medical disciplines are crucial.
Experts primarily address questions about whether the doctor's conduct was consistent with current medical knowledge, whether applicable standards were violated, and whether the staff's behavior could have posed an immediate danger to the patient. However, an expert opinion alone does not automatically determine criminal liability. The final assessment rests with the court, which analyzes all the evidence collected.
In medical malpractice proceedings, proper securing of medical records, interviewing medical personnel, and determining the course of the diagnostic and therapeutic process are also of particular importance. This evidence forms the basis for the reconstruction of events and subsequent legal assessment. As indicated by the methodology of conducting preparatory proceedings in medical malpractice cases, the method of collecting evidence should be tailored to the nature of the case and the type of healthcare services provided.
Physician responsibility requires individual assessment
In practice, cases are increasingly common where irregularities are not solely caused by the behavior of a specific physician, but rather by organizational issues within the healthcare facility, such as staff shortages, improper shift management, overloaded staff, or improper internal procedures. These circumstances do not automatically exclude criminal liability, but they require a detailed analysis of the scope of individual responsibilities and their actual impact on the course of treatment.
This is why medical malpractice proceedings are among the most evidentially demanding cases handled by prosecutors. It is not without reason that prosecutors' offices have specialized units dedicated to these types of proceedings, and their methodology takes into account the need for close collaboration with experts and detailed analysis of medical records.
Summary
Article 160 of the Penal Code plays a key role in cases concerning the criminal liability of physicians and other medical personnel. However, not every medical error or therapeutic failure constitutes a crime. To establish liability, it is necessary to demonstrate that the conduct of a medical professional created a real and immediate threat of loss of life or serious bodily harm and that it violated obligations arising from current medical knowledge and professional principles.
Each case, therefore, requires an individual assessment, taking into account the patient's condition, available diagnostic information, the organizational conditions of healthcare services, and expert opinions. Only an analysis of all these circumstances allows us to answer the question of whether there was merely a therapeutic failure, a medical error, or whether the conduct of the medical staff constituted a crime under Article 160 of the Penal Code. In a state governed by the rule of law, this question can only be answered after conducting a thorough evidentiary hearing and a comprehensive assessment of all the circumstances of a given case.
This article is for informational purposes only and does not constitute legal advice
Legal status as of July 14, 2026.
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