Medical Liability, Defensive Medicine, and Introduction to Professional Insurance in the Republic of Kazakhstan

Abstract

This study aims at verifying relationships between the perception of medico-legal risks involved in the professional activity of Republic of Kazakhstan healthcare professionals (HCPs), defensive medical behavior and their understanding of healthcare professional liability (HCPL) insurance. The current paper also analyzes the experience of some foreign countries based on a study which suggests the ways of improving the medical liability, defensive medicine and introduction to HCPL insurance in the Republic of Kazakhstan. Additionally, the identified advantages to introduction insurance and mediation as an extra-judicial regulation of disputes, the authors point out the identified shortcomings of the matter in the legal acts of the Republic of Kazakhstan. Relevance of the topic is reasoned to the fact that complaints about medical malpractice have increased over time in Kazakhstan, as well as other countries around the world. The costs arising from medical liability lawsuits weigh not only on individual HCPs but also on the budgets of healthcare facilities, many of which in Kazakhstan are supported by public funds. A full understanding of the phenomenon of medical malpractice appears necessary in order to manage this spreading issue and mechanism of HCPL insurance in the Republic of Kazakhstan.