Страхование профессиональной ответственности при применении инновационных медицинских технологий: проблемы и пути их решения

Abstract

Relevance. Innovative and progressive development of scientific research in recent years has contributed to the development of innovative medical technologies. Their introduction into clinical practice in the provision of medical care in any medical organization dictates the need for legal regulation of the safety of their use and the creation of the most effective mechanism for compensating the patient in case of harm to his life and health. Insurance of professional liability of medical workers is considered as the most civilized mechanism for the realization of the right of patients to appropriate compensation. The purpose of this publication is to form proposals for legislative regulation of insurance of professional liability of medical workers, designed to protect all parties of legal relations in the provision of medical care and medical services, including with the use of innovative medical technologies. Objectives. In the course of the study, the following tasks were solved: a comprehensive study of the civil law regulation of the sphere of patient insurance and professional responsibility of medical organizations and medical workers was carried out; gaps and problems of legislative regulation of the relations under consideration were identified; proposals were developed to further consolidate the principle of full compensation for damage caused through professional liability insurance. Methodology. The study uses a set of methods, such as: analysis, synthesis, system approach, dogmatic-legal and system-legal, with the help of which the author carried out an analytical review of the current legislation, determined the specifics of the legal relations under study, identified problems, developed ways of their legal solution. Results. The author has formulated a position on the need to develop a law that will fix the legal and organizational foundations of compulsory insurance of civil liability of medical personnel. Conclusion. The potential risk of harm to human life and health as a result of medical care, including the use of innovative medical technologies, determines the detailed and comprehensive legal regulation of the responsibility of medical workers. Taking into account the specifics of legal relations, the most simplified procedure for a patient to receive compensation payments for damages is seen directly in the formation and development of the institute of pro-fessional liability insurance of medical organizations.