Abstract
The identification and assessment of risk factors are facilitated by law administration and enforcement. Decisions of the judicial authorities constitute one of the directions. In this regard, first, the analysis and generalization of judicial practice show the range of problems of various aspects of activities, and second, it allows forming a model of suppressing or minimizing legal risks. Sociological research conducted from 2008 to 2020 by the Department of Healthcare Organization and Medical Law of the Regional State Budgetary Educational Institution of Additional Professional Education “Institute for Advanced Training of Healthcare Professionals” (Khabarovsk) revealed that these specialists had no idea about the number of litigations in so-called “medical cases”, or about the amounts recovered on claims of patients to medical organizations of the Khabarovsk Territory. Meanwhile, having information on the quantitative and summary indicators of court cases, it is possible to adjust interaction with patients at both pretrial and trial stages. The study aimed to analyze and summarize judicial practice in these cases, to selectively examine defects that served as the basis for filing claims and had an impact on the amounts recovered, as well as to form practical recommendations for the prevention of legal risks in the activities of a medical organization, based on a regional model. The relevance of the problem of legal risks of medical activity is shown from the standpoint of analysis and generalization of judicial practice. The article provides a statistical analysis of court proceedings on claims of patients for compensation for material damage and moral harm to medical organizations subordinate to the Ministry of Health of the Khabarovsk Territory. A selective examination of the claims of patients is executed considering the impact on the reasons for legal recourse and the total amount recovered. Practical recommendations for regional healthcare institutions are annually formed and approved by the Minister of Health of the Khabarovsk Territory based on the results of the study.
Highlights
In modern science, the concept of a “risk society” [1] is put forward, which can be expressed by the “there is no risk-free behavior” phrase [2]
Legal risks permeate all aspects of public relations
The problem is especially acute in legal relations affecting the most important human rights – the right to life and the right to health
Summary
The concept of a “risk society” [1] is put forward, which can be expressed by the “there is no risk-free behavior” phrase [2]. “In other words, risks are manifested at all levels of the functioning of the social system” [3]. The issues of identifying risks in legal activities are gaining more and more practical importance. Legal risks are relevant for all areas of public relations. The sphere of health protection, and medical activity, in particular, is no exception. “Medicine is the science of uncertainty and the art of probability” [5]. Rigelman believes that uncertainty in medicine cannot be eliminated. “The main thing is to learn to recognize the existence of uncertainty and skillfully share doubts with the patient” [6]
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