Dominican Medical Association maintains its firm stance against articles of the new Penal Code
The president of the Dominican Medical Association (CMD), Dr. Luis Alberto Peña Núñez, reaffirmed the union’s commitment to take its fight against provisions of the new Penal Code to the Constitutional Court, which it believes threaten medical practice and encourage so-called defensive medicine.
During an analysis meeting held with the participation of magistrate Alexis Gómez, the head of the CMD reported that the guild has deployed a series of orientation sessions nationwide to instruct health professionals on the risks that current legislation implies for their professional practice.
Actions before the Constitutional Court
Peña Núñez highlighted a historic milestone for the institution, noting that for the first time in its 135-year history, the Medical College has filed an appeal of unconstitutionality. On Wednesday, August 26, the guild will hold a crucial hearing where it will seek a definitive resolution regarding articles 9 and 12 of the Penal Code, which remain under observation following the modification of three other previously questioned sections.
A doctor cannot be a guarantor of life. You can do the right thing for a healthy patient and the patient may develop some issues and may pass away even while you are doing the right thing.
Doctor Luis Alberto Peña Núñez, president of the CMD.
The point of greatest conflict lies in the figure of the guarantor contained in article 12. The union argues that a physician should not be held criminally liable for adverse results that are beyond their control, even when they have acted according to the correct medical standards.
The impact of defensive medicine
The central concern of the CMD is that this legal framework forces physicians to practice defensive medicine. This practice involves the excessive performance of studies, such as CT scans, MRIs, or electrocardiograms, not out of clinical necessity, but as a protection mechanism against potential legal litigation.
- Increased costs: Performing unnecessary procedures would increase the economic burden on patients and families.
- Limited coverage: Many of these additional studies might not be covered by Health Risk Administrators (ARS).
- Legal focus: The CMD emphasizes that its goal is not to avoid sanctions for serious misconduct, but to protect the physician from criminal prosecution for the simple act of practicing their profession.
Finally, Dr. Peña Núñez reported that the CMD remains awaiting a meeting with the President of the Republic, Luis Abinader, to discuss these points. In the meantime, the union assured that it will continue to use all legal avenues, backed by a 64-page technical document prepared by expert jurists, to guarantee the legal security of Dominican doctors.
