Certain aspects of the civil legal liability of doctors (medical workers)

Abstract

The article analyzes the relations “medical institution - patient”, “doctor (medical worker) - patient”, it is emphasized that such relations are based on legal equality, that is why they are civil law relations. Peculiarities of the civil liability of doctors (medical workers) for violation of patients’ rights are studied, and attention is paid to the analysis of the reasons for the emergence of civil liability of doctors. The article substantiates that the basis of civil legal liability is the presence in the actions (inaction) of a doctor (medical worker) of the composition of a civil offense, which is expressed in failure to perform, improper performance of one’s duties regarding the prevention, diagnosis, treatment of diseases of persons (patients), who requested medical assistance (service).
 During the investigation the article reveals the content of civil liability of doctors for violation of patients’ rights. Attention is drawn to the absence in the civil legislation of defining the specifics of liability regulation in the provision of the medical assistance.
 The article describes the concept and conditions of responsibility for damage caused to the patient’s health or his death. It is emphasized that civil liability occurs in the presence of illegality of actions (inaction) of a medical institution (doctors, medical workers), the presence of damage (to health, life) and a causal connection between the illegal action and damage. The author also draws attention to the presence of the fault of the medical institution.
 Scientifically based proposals and recommendations for improving the civil legislation of Ukraine in the field of health care are being formed. Legal proceedings are analyzed, the subject of which is compensation for damage caused as a result of incorrect or illegal actions of doctors (medical workers) in the performance of professional activities.