The criminal offense of failure to render medical aid is a criminal offense that belongs to the head of criminal offenses against health whose primary focus is on the preservation of human health. The specificity of the criminal offense failure to render medical aid, comes from the subject of perpetrator, regarding criminal offense can only be committed by a person who has the property of a guarantor. Individuals in the property of a guarantor for a criminal offense of failure to render medical aid include a doctor of medicine, a doctor of dental medicine, or another health professional. Since the criminal offense presents a medical misconduct, which is frequently in case-law, I will first refer to the term medical misconduct and its qualifications. Furthermore, since the criminal offense of failure to render medical aid shares a number of characteristics with related incriminations, it is important to indicate the distinction between criminal offenses for the purpose of easier identification in judicial practice. In this paper, I want to show the importance of the violation of this criminal offense by presenting the functioning of emergency medical assistance in the Republic of Croatia with an emphasis on their disadvantages. Particular emphasis is placed on the mutual overlapping of medical, legal and ethical areas in the provision of medical assistance with the presentation of different cases both from the world and from the area of the Republic of Croatia.