scholarly journals ELEMENTS OF AN OBLIGATION TO CAUSE HARM (IN THE AREA OF MEDICAL CARE OR MEDICAL SERVICES)

2020 ◽  
Vol 35 (3) ◽  
pp. 78-81
Author(s):  
I.M. Vilgonenko ◽  
◽  
N.R. Gagieva ◽  

The article discusses the elements of the obligation of harm, such as unlawful behavior that entailed the harm; the harm done; a causal relationship between unlawful behavior and harm; the fault of the person who caused the harm. These elements are analyzed not only in general, but also specifically in the field of medical care or medical services. The essence of the indicated categories is revealed and their interpretation is analyzed. The forms of abuse of the right in the field of medical care or medical services are considered. Attention is also paid to the consideration of civil liability without fault

2021 ◽  
Vol 38 (2) ◽  
pp. 73-80
Author(s):  
Yu.N. Slepenok ◽  
◽  
G.V. Stankevich ◽  
L.P. Stepanova ◽  
◽  
...  

The article discusses the particular conditions of holding medical organizations accountable for causing harm to the health of patients. The conditions of civil liability, as well as the degree of responsibility of a medical organization in the provision of medical services, are analyzed. The authors are of the opinion that medical care should be organized in accordance with the procedures, conditions and standards for the provision of such care, however, the standards cannot cover all the options that may arise during the provision of medical care, therefore they are aimed at creating an average “sample”, to determine the approximate order of possible actions carried out by medical personnel. Attention is also paid to the consideration of the features of causing harm to the patient’s health, depending on whether the harm was caused in the provision of medical care or medical services. In conclusion, it was concluded that the conditions for bringing medical organizations to justice should include: unlawful action (inaction), harm, a causal relationship between unlawful action and harm, as well as the fault of the injurer.


Author(s):  
Veronika A. Fadeeva ◽  

Introduction. The addition of the section “Information on the cost of medical services rendered” to “Public Services”, the state information system, allowed the citizens of the Russian Federation to receive relevant information promptly. This possibility soon exacerbated the problem of unreliability of information about the medical services provided to the insured persons under compulsory medical insurance. The article defends a position based on the legal analysis of the legislation of the Russian Federation in the sphere of compulsory medical insurance. According to this position, the problem can be overcome by appropriate changes in the regulatory documents governing the control powers of the territorial funds of compulsory medical insurance, health insurance organizations. Theoretical analysis. The right to reliable information is enshrined in a number of regulatory legal acts of the Russian Federation, the analysis of which allows us to investigate the problem of unreliability of information in the system of compulsory medical insurance (“medical prescriptions”). Empirical analysis. Identification of unreliability of information about the provided medical services can be carried out both by the insured persons under compulsory medical insurance and through the control of the competent authorities. In this regard, the article analyzes the control powers of the territorial funds of compulsory medical insurance, medical insurance organizations. Results. The result of the author’s analysis of the problem of unreliability of information in the system of compulsory medical insurance (“medical attributions”) is a proposal to improve the procedure for organizing and monitoring the volume, timing, quality and conditions of providing medical care for compulsory medical insurance.


Author(s):  
Sergey Semenov ◽  
Alexandr Bozhchenko ◽  
Pavel Tolkach

The article considers the clinical and forensic aspects of the possibility of establishing a causal relationship between the use of the drug “Naropin” and the death of a patient during local anesthesia. In this case, the patient sought outpatient medical care for paraproctitis. The decision made by the doctor the decision for local anesthesia is the use of the drug “Naropin”. At 20 minutes of administration of the drug in the required dosage, the patient suddenly developed convulsions and clinical death occurred, and later the patient died. When conducting a forensic examination of the corpse, the most significant was the following: a small pinpoint wound in the upper quadrant of the right buttock, pulmonary edema, liquid blood and small loose blood clots in the heart cavities, brain edema. During a post-mortem Toxicological examination of the blood, the presence of ropivacaine (a component of naropine) was found to exceed the threshold toxic concentration. Repeated expert research has found that led to the onset of death-the erroneous introduction of the anesthetic “Naropin” directly into the blood vessel, which is prohibited by the instructions for its use due to a very narrow zone of toxic action.


2021 ◽  
Vol 37 (1) ◽  
pp. 80-83
Author(s):  
A.M. Shakhaeva ◽  
◽  
D.A. Verdieva ◽  

The relevance of the research topic is determined by the importance of medicine for modern society. The right of a citizen to timely medical care is enshrined in the Constitution of the Russian Federation and is one of the most important social obligations of the state. The need for legal regulation of this sphere arises from the variety of types of medical care and the variety of medical services. Taking into account that medicine affects the health of citizens and if the quality of services is inadequate, it can lead to significant harm to the patient, up to death, the legal basis for providing medical services should be elaborated in detail and avoid double interpretation of various legal norms. With the introduction of market principles in Russia, a new sphere of providing medical services to the population – paid. This allowed us to solve a number of problems related to improving the quality of medical services, their availability in terms of receiving highly specialized care, and reducing the burden on the insurance medicine system. At the same time, the need for a detailed legal justification for the provision of such services has become obvious, and, first of all, the issues of the contract for paid medical services, as the main form of business relations, enshrined in civil law. It is necessary to pay attention to the fact that in modern Russian legislation there is a certain discrepancy between the social significance of the health care industry, as well as the constitutional status of the right to health protection and an unreasonably low level of theoretical justification for the branch legal regime in this area of health care. Therefore, it is necessary to further modernize certain provisions of medical law that regulate various aspects of the provision of medical services. This includes issues related to the contract for paid medical services.


2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 502-508
Author(s):  
Vitaly V. Goncharov ◽  
Hussein Vakhaevich Idrisov ◽  
Sukhinina Sukhinina

This study analyses the impact of legal regulation that ensures the realization of the right to health care and medical care on the state of the health system. This study examines the concept and content of the right to health care and paid and free medical care, reveals the concepts of categories of quality and accessibility of medical services, and draws attention to their various aspects. The analysis of the current state of the health system is carried out. Some features of the provision of medical services to citizens are characterized, and the problems of violation of the right of citizens to medical care, the availability and quality of medical care are analysed. The study examines the varieties of health care management models existing in the world practice and reveals their advantages and disadvantages. The conclusion is made about the possibility of using individual elements of the studied models in Russian health care management.


Author(s):  
Arkady Nikolaevich Daykhes ◽  
Vladimir Anatolievich Reshetnikov ◽  
Olga Aleksandrovna Manerova ◽  
Ilya Aleksandrovich Mikhailov

Aim of the study. Analysis of medical tourism’s organizational features based on the example of the large medical organizations in the United Kingdom, South Korea, Italy and China. Materials and methods. The data were collected by the authors by interviewing the heads of medical organizations and their deputies in the United Kingdom, South Korea, Italy and China (3–4 respondents per medical organization) using the developed questionnaire to identify the main mechanisms and tools for organizing the export of medical services. SWOT-analysis (Strengths; Weaknesses; Opportunities; Threats) was performed in order to comprehensively evaluate the received information. Results. Along with weaknesses and threats that slow down the development of medical services exports, strengths (internal factors) and opportunities ( external factors) that contribute to the development of medical tourism were also identified: the widespread popularity of the brand of medical organizations abroad which is associated with the provision of premium medical services; versatility and ability to conduct high-tech surgical operations; the presence of a separate premium class building and an international department for working with foreign patients and promoting a medical organization in the world market; well-established business relationships with assistance companies; foreign medical personnel who speak foreign languages and possess necessary skills to treat foreign patients; developed electronic medical care system; developed system of quality control of medical care; the presence of branches in other countries; the presence of a medical visa in the system of legislation; established cooperation with many countries at the embassy level; state licensing and accreditation for the provision of medical services to foreign citzens; the availability of a state website on the provision of medical assistance to foreign citizens; the possibility of the age of value added tax. Conclusion. We identified main patterns in the organization of export of medical services that can be applied to develop this direction in medical organizations of the Russian Federation during the analysis the strengths and weaknesses of four large medical organizations abroad, as well as external factors that affect the work of these medical organizations.


PEDIATRICS ◽  
1950 ◽  
Vol 6 (3) ◽  
pp. 553-556

THE road to better child health has been discussed in relation to the doctor and his training, health services and their distribution. We have dealt with the unavoidable question of costs. Particular attention has been given to some of the advantages and dangers of decentralization of pediatric education and services. Each of the various subjects has been discussed from the point of view of its bearing on the ultimate objective of better health for all children and the steps necessary to attain this goal. Now, we may stand back from the many details of the picture, view the whole objectively and note its most outstanding features. First is the fact that the improvement of child health depends primarily upon better training for all doctors who provide child care, general practitioners as well as specialists. This is the foundation without which the rest of the structure cannot stand. The second dominant fact is the need for extending to outlying and isolated areas the high quality medical care of the medical centers, without at the same time diluting the service or training at the center. The road to better medical care, therefore, begins at the medical center and extends outward through a network of integrated community hospitals and health centers, finally reaching the remote and heretofore isolated areas. Inherent in all medical schools is a unique potential for rendering medical services as well as actually training physicians. The very nature of medical education—whereby doctors in training work under the tutelage of able specialists in the clinic, hospital ward, and out-patient department—provides medical services of high quality to people in the neighboring communities.


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