1. СУДОВИЙ СПОСІБ ЗАХИСТУ ПРАВ ПАЦІЄНТІВ.
- Author
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В. О., Кучер
- Subjects
LEGAL liability ,RIGHT to health ,CIVIL law ,CIVIL rights ,ILLEGALITY ,SELF-defense ,PATIENTS' rights - Abstract
Healthcare is a priority area of social activity, the purpose of which is to provide medical care. Despite a sufficient legislative base, the issues of civil law protection of patients' rights are not sufficiently developed, since the latter are regulated by numerous multi-sectoral laws and by-laws, which complicates their application and interpretation. Protection of patient rights can be carried out in non-jurisdictional and jurisdictional forms. Nonjurisdictional protection of patient rights involves self-defense of their rights and legitimate interests. In turn, jurisdictional is an administrative procedure for restoring a violated right or protecting violated rights and interests in court. In the event of violation of civil rights and interests, a person has the right to apply to court for protection of personal non-property right s. In the case of contractual liability, its forms and sizes can be established both legislatively and directly by the terms of the concluded contract. Instead, non-contractual liability is regulated exclusively by legislative norms. The conditions for the emergence of obligations as a result of causing harm to the life or health of citizens during the provision of medical services are identical to those that exist in all tortious obligations: damage, illegality, causal relationship, fault. The specificity of such obligations is determined by the nature of medical activity. In the context of reforming civil legislation, the implementation of state policy on the health protection of individuals is possible only by adopting relevant regulatory legal acts aimed at compensating for damage and restoring the patient's property status in the event of providing poor-quality medical services. It is advisable to provide in civil legislation a norm that would determine the grounds for holding a medical professional liable in the event of providing poor-quality medical services to a patient. The amount of compensation should be determined by the court, taking into account the nature of the injuries caused, the degree of fault of the medical professional, as well as other circumstances of the case. The medical institution where the medical professional works shall bear additional liability for the harm caused to the patient, unless it proves that it has taken all measures within its power to prevent or reduce the harm. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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