Concept, types and signs of responsibility in the field of medical activities

Abstract

The development of medical science, the improvement of the living standards of the population and the establishment of democratic institutions contribute to the increase of the requirements for the activity of medical workers and to the increase of cases of bringing them to justice for improper performance of professional duties. Civil law distinguishes between types of liability according to different criteria. Thus, on the basis of the rights and obligations, for the violation of which liability is established, it is divided into contractual and non-contractual. Contractual and non-contractual civil liability have some common generic features. Liability in medical activities arises in case of violation of rights and responsibilities. The activities of health professionals (doctors, nurses, support staff) in any case, aimed at the patient, he receives medical care, taking into account his health, physical condition, and aim at positive changes in the patient's health. In the case of contractual liability, the terms of the contract are violated, in the case of non-contractual (tort) liability between the violator and the victim before the violation there were absolute legal relations. The behavior of the offender must be active, ie passive behavior is not the basis for tortious liability, but only if there are special rules of law that provide only for active behavior (doctors).
 Tort liability damages the general prohibition, where potentially harmful conduct is not clearly defined by law, as any active conduct is illegal and associated with the occurrence of the damage.
 Contractual liability will arise in compliance with the terms of liability, especially the causal link, ie the objectively existing link between the wrongful conduct of the debtor and the adverse consequences that have occurred. The classic features of the contract, of course, are more clearly manifested in private medical services (eg, dentists, private medical institutions), there are contractual relationships.
 Liability in the field of medical activity is a type of legal liability, ie the implementation of a sanction of a legal norm, which by its nature is a means of coercion, is accompanied by condemnation by the state and is expressed in imposing on the perpetrator of violation of intangible consequences of a material nature.