Abstract

This article discusses the urgent issue of the grounds for exempting a medical organization from liability for harming the patient’s health. The authors point out the imperfection of the legislation in the sphere of norms governing the grounds for both full and partial exemption from civil liability, due to the lack of concretization and legal determination of the necessary categories. The absence in the legislation of a clear definition of such categories as “medical error”, “medical accident”, and “justified medical risk” contributes to contradictions in the assessment of the actions of medical workers and the conclusions of the court. The authors propose making changes that will help improve the legislation on this issue

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