Santo Domingo. The Dominican Medical Association (CMD) expressed its concern this Tuesday regarding the implications of the entry into force of Law 74-25, which establishes the new Penal Code, and Law 97-25, corresponding to the new Code of Criminal Procedure, considering that both regulations could lead to an excessive criminalization of medical practice in the country.
Through a statement, the guild maintained that the interaction of both legal instruments could create a scenario of legal uncertainty for health professionals, favoring the practice of so-called “defensive medicine,” in which clinical decisions would be conditioned by the fear of possible legal proceedings.
According to the CMD, this situation could translate into higher care costs, delays in medical decision-making, and difficulties for patients to access specialized services.
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The organization emphasized that it does not seek to promote impunity in cases of medical malpractice, but rather to ensure a balance between the rights of patients and the legal protection of those who practice medicine.
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Among the proposals put forward by the guild is that disputes arising from medical actions that do not involve intent, fraud, or reckless negligence should preferably be heard in civil, administrative, or disciplinary jurisdictions, avoiding the indiscriminate application of the criminal sphere to adverse outcomes associated with the inherent complexity of medical practice.
Likewise, the CMD demanded due process guarantees to prevent the criminal justice system from being used as a mechanism of pressure against health professionals, reserving criminal sanctions for exceptional conduct, such as the deliberate abandonment of patients or gross negligence.
“Medicine is practiced in contexts of uncertainty and risk; not every adverse outcome can be considered a crime,” the entity pointed out, while reaffirming its commitment to patient safety and the quality of medical care.
The Dominican Medical Association also called on legislative and judicial authorities to establish clear protocols to differentiate clinical error from criminal conduct, with the aim of preserving an efficient health system based on criteria of proportional justice.
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Finally, the organization reiterated that it will maintain a firm stance in defense of its members and assured that it will support doctors in any situation it considers a violation of the principles that govern professional practice.
