Specificity of categorial instruments insurance responsibility of medical workers

Abstract

In Ukraine, the institution of insurance for medical workers’ liability has not gained significant prevalence due to imperfect legal regulation. From a legal perspective, a medical worker is considered in two dimensions: as a general subject of committing offenses and as someone associated with acquiring professional skills (including relevant education, experience, qualification levels), known as professional crimes. The term “professional responsibility” is used in certain regulatory legal acts, but its definition is absent. However, the Law of Ukraine “On Insurance” in Article 7 establishes professional liability insurance as one of the types of compulsory insurance for individuals whose activities may cause harm to third parties, according to a list determined by the Cabinet of Ministers of Ukraine [1]. Unfortunately, at present, this list has not been defined, thus there is no obligation for owners of healthcare institutions and private medical practitioners to insure their professional responsibility towards third parties, namely patients. This is also influenced by the lack of unity in understanding the fundamental concepts used in the legal regulation of such insurance. “Medical error,” “professional risk,” and “professional responsibility” are the problematic issues explored in our work. Insurance of medical workers’ professional liability is a type of civil legal relationship aimed at protecting the property interests of medical workers and healthcare institutions in the event of certain events defined by the insurance contract or current legislation. The analysis of the main legislative and theoretical provisions regarding specific legal norms of insurance of medical workers’ responsibility has allowed us to formulate our own definitions that can be applied in the legal field.