Legal responsibility for infringements related to providing medical assistance and services

Abstract

The purpose of the paper is to investigate legal liability for offenses related to the provision of medical assistance and services. Research methods: documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. The main types of legal liability for offenses in the sphere of medical services and services were investigated, in particular: the grounds for the application of civil, disciplinary, administrative and criminal liability were revealed. The development of medical science, the improvement of the standard of living of the population and the establishment of democratic institutions help to increase the demands on the work of medical professionals and to increase the cases of their responsibility for the improper performance of their professional duties. The specificity of the legal liability of medical professionals and medical institutions is the problem of the not legally fixed concept of medical error (which is considered to be a purely medical concept, but is nonetheless a ground for exemption from legal liability) and an accident. When considering medical cases, the court is always forced to establish the absence or presence of guilt in the actions of medical professionals, and the presence of a medical error or accident precludes the liability of medical professionals. Therefore, defining the boundaries of a medical error and an accident is a top priority. Therefore, it is necessary to distinguish concepts such as medical error, accident and professional misconduct in medical practice. In this case, a medical error should be understood as legitimate actions of medical professionals. It should also be noted that it is worthwhile to take advantage of the experience of many countries and to introduce a professional error insurance institution that results in harm or loss to the health of a citizen unrelated to the negligent or negligent performance of their professional duties. However, in legal practice, it is necessary to refuse to use the term medical error, and to speak only about professional or medical error.