scholarly journals FEATURES OF CIVIL LIABILITY OF MEDICAL WORKERS

2021 ◽  
Vol 7 (2(42)) ◽  
pp. 3-7
Author(s):  
Anastasia Olegovna Varava
Keyword(s):  
Medical Practice ◽  
Medical Staff ◽  
Medical Science ◽  
Civil Liability ◽  
Civil Code ◽  
Medical Services ◽  
Medical Professionals ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Coronavirus Infection

The article will discuss the features of the occurrence and application in the judicial practice of civil liability for medical professionals. This problem is particularly relevant in connection with the complications in the provision of medical services due to the spread of coronavirus infection. And this topic is also the most acute problem, because every year the number of criminal and civil proceedings involving doctors and other medical professionals increases. In addition, the resolution of «medical Affairs» there are difficulties associated with the assessment of the medical staff, as you have to consider many factors: the degree of development of medical science; the level of medical practice, etc. And most doctors are not fully aware of the norms of the civil code and bases of civil liability, the knowledge of which may help to reduce the number of such offences.

scholarly journals CONDITIONS AND BASES FOR CIVIL LEGAL LIABILITY OF MINORS AGE FROM FOURTEEN TO EIGHTEEN

2020 ◽  
Vol 36 (4) ◽  
pp. 94-99
Author(s):  
Z.A. Alieva ◽  
Keyword(s):  
Russian Federation ◽  
Civil Liability ◽  
Legal Liability ◽  
Civil Code ◽  
Adoptive Parents ◽  
Judicial Practice ◽  
The Future ◽  
The Russian Federation

The article examines the conditions for the occurrence and grounds of civil liability of minors between the ages of fourteen and eighteen years. The article characterizes individual articles of the Civil Code of the Russian Federation concerning the civil liability of minors at the age in question. The idea is substantiated that by compensating for harm by parents (adoptive parents) or guardians of minors, if they do not prove that the harm arose through no fault of theirs, the legislator tries to respect the interests of persons who have suffered from the illegal actions of minors. The article presents the views of scientists regarding the conditions for the onset of civil liability of this category of minors. The features of the onset of property liability of minors between the ages of fourteen and eighteen are analyzed. Examples from judicial practice on the problems of compensation for harm caused by minors between the ages of fourteen and eighteen are given. The result of the study is the formulation of conclusions that the absence of direct responsibility of minors leads to their impunity in the future, and makes the institution of civil liability of minors formal.

scholarly journals Educating Future Medical Professionals with the Fundamentals of Law and Ethics

2020 ◽  
Vol 16 (2) ◽  
Author(s):  
Puteri Nemie JK ◽  
Ariff Osman HO ◽  
Ramizah WM
Keyword(s):  
Medical Practice ◽  
Medical Profession ◽  
Healthcare Setting ◽  
Legal Issues ◽  
Medical Services ◽  
Medical Professionals ◽  
Ethical Standards ◽  
Legal Standards ◽  
Law And Ethics ◽  
Changing Trend

The increasing awareness amongst the society on medico-legal issues as well as the growth of consumerist attitude towards the provision of medical services has caused the medical profession to be subjected to vociferous criticism if they do not meet rising expectations of the society. Substandard services have not been well tolerated and paternalistic approaches in medical treatment are considered to be outmoded and inappropriate. Any dissatisfaction on the part of the patient towards medical services provided nowadays may easily trigger claims in the court of law. This changing trend has also fundamentally changed the behaviour of the courts towards the medical profession. Judicial and legislative interventions in medical practice have created more and more rights for the patients and consequently, corresponding legal duties for the medical profession to uphold. In the present healthcare setting, the medical profession will not be able to provide infallible services without knowledge of the legal standards which they have to adhere. Thus, educating future medical professionals with the fundamentals of law and ethics would ensure greater accountability, knowledge and personal commitment in providing medical services to the society as the ideals of professionalism not only require them to have the necessary expertise, dedication, respect, compassion, empathy, honesty, altruism, responsibility, integrity, self-improvement and accountability but also adherence to the demands of law and highest ethical standards.

Positive suggestion techniques in somatic medicine

2011 ◽  
Vol 152 (3) ◽  
pp. 96-106 ◽  
Author(s):  
Zoltán Kekecs ◽  
Katalin Varga
Keyword(s):  
Blood Pressure ◽  
Medical Practice ◽  
Medical Staff ◽  
Positive Attitude ◽  
Recent Literature ◽  
Pain Medication ◽  
Medical Professionals ◽  
Physiological Factors ◽  
Bowel Motility ◽  
The Past

There is a reoccurring question in medical practice: do positive attitude and communication of the medical staff make any difference? Aim: Our aim is to present a comprehensive image of the medically relevant effects of positive suggestions by reviewing the recent literature. Methods: We review the studies measuring the effects of suggestive communication of the past 20 years. In cases of studies presented in more details we quote from the suggestion scripts used in the study, too. Results: Most of the reviewed papers affirm that positive suggestions lead to decreased pain and use of pain medication. But physiological factors like bowel motility, blood pressure and bleeding during surgery can be positively affected, too. Conclusions: Suggestive communication – a yet poorly utilized tool – used appropriately can significantly affect healing and recovery of a patient. Thus we emphasize further, more detailed study of this technique and its integration into the education of medical professionals. Orv. Hetil., 2011, 152, 96–106.

scholarly journals Civil Liability for Medical Malpractice. Damage Resulting from Doctor’s Negligence (Breach of Professional Duties)

2015 ◽  
Vol 5 (4) ◽  
pp. 43-45
Author(s):  
Kinga Bączyk-Rozwadowska
Keyword(s):  
Health Care ◽  
Medical Practice ◽  
Medical Malpractice ◽  
Civil Liability ◽  
Case Law ◽  
Health Care Institution ◽  
The Other ◽  
Medical Services ◽  
Doctor Who ◽  
Care Institution

Abstract Civil liability for medical malpractice may be attributed either to a doctor or a hospital when any of these persons’ acts or omissions cause injuries to a patient; it may be also the hospital’s liability for the damage caused by negligence of its staff (doctors and other personnel). The rules that govern this liability and the way of compensating the damage are different due to the grounds on which the doctor performs medical services and, in case of hospital’s liability, the relation between a doctor and a health care institution. A doctor who runs his private medical practice bears civil liability individually and is obliged to pay damages if any of his patient suffers injury in connection with the treatment. However, a doctor who acts as employee of a health care institution is protected by the provisions of the Labour Code and exempted from civil liability to a patient. On the other hand, a so-called independent contractor’s liability is joint and several with a hospital that has engaged him. However, case law seems to protect such doctors and treat them as hospital’s employees if certain premises are fulfilled (like de facto subordination of the doctor to the head of the ward).

scholarly journals The Prosecutor as a Subject of Prosecution in the Civil Procedural Order

2020 ◽  
pp. 98-106
Author(s):  
Irina I. Golovko ◽  
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
The Government

Based on the results of the study of federal regulatory legal acts and judicial practice, the author of the article substantiates the conclusion about the advisability of applying the concept “prosecution” to the activities of the prosecutor participating in hearings in civil-law cases. At present, only criminal prosecution by the prosecutor is enshrined in Article 37 of the Criminal Procedure Code of the Russian Federation. There are research works that justify administrative prosecution by the prosecutor. With regard to the prosecutor’s participation in the consideration of cases by courts outside of criminal proceedings, the issues of defining the role of the prosecutor as a subject of prosecution have not been raised in research. However, in connection with the enactment of laws on anti-corruption, on the reversion of civil servants’ property to the government, the issues of understanding the role of the prosecutor involved in civil proceedings acquire particular importance. In addition, civil liability has been established for offenses, e.g., in the form of liquidation of a legal entity by a court decision issued at the request of the prosecutor. The prosecutor is empowered to initiate the consideration of a case by the court upon the request to bring the perpetrator to civil liability, and the practice of considering such cases by the courts is being formed. In this regard, it is necessary to investigate the identified problem. The aim of this study was to analyze the approaches in the science of prosecutor’s activities, to form a conception of the prosecution by the prosecutor of persons who, according to the prosecutor, are guilty of committing an offense in the consideration of cases by courts in civil proceedings. As a result of the study, the features of the prosecutor’s participation in anti-corruption cases in civil proceedings that characterize the prosecutor’s activities as the prosecution of persons accused – by the prosecutor – of committing corruption offenses have been established. Attention has been drawn to other categories of civil cases in which the prosecutor also conducts prosecution. It has been emphasized that the prosecution is conducted only if the prosecutor applies to the court with a statement of claim, but not in the case of joining the case to give an opinion. The conclusion is made that there are theoretical and legal preconditions for separating the prosecution by the prosecutor in the civil procedural order. The established patterns and findings are aimed at ensuring the unity of approaches to defining the aims and objectives of the prosecutor’s activities in diverse directions, which contributes to increasing the efficiency of the prosecutor’s activities as a whole.

scholarly journals ASPEK HUKUM TERHADAP PERSETUJUAN TINDAKAN MEDIK/KEDOKTERAN (INFORMED CONSENT) DALAM KAITANNYA DENGAN TINDAKAN TENAGA MEDIS DI RUMAH SAKIT Dr. TADJUDDIN CHALID MAKASSAR

2017 ◽  
Vol 4 (1) ◽  
pp. 123
Author(s):  
Sakir Sila
Keyword(s):  
General Practitioner ◽  
Informed Consent ◽  
Health Services ◽  
Medical Practice ◽  
Medical Staff ◽  
Medical Personnel ◽  
Medical Services ◽  
Professional Relationship ◽  
Patient Understanding ◽  
General Dentist

Medical services as one of the elements of service that plays an important role in the provision of health services to patients In a professional relationship, there is an unequal or unequal position between the medical staff with the patient. Understanding of medical personnel (general practitioner and general dentist) at Dr. Hospital. Tadjuddin Chalid on informed consent still needs to be improved. Implementation of informed consent at Dr. Hospital. Tadjuddin Chalid Makassar has not been done well, this is because some medical personnel have not implemented Law no 29 of 2004 on Medical Practice. Keyword: Medical Services, Informed ConsentPelayanan medis sebagai salah satu dari unsur pelayanan yang sangat berperan penting didalam pemberian pelayanan kesehatan kepada pasien Didalam hubungan profesional, maka terdapat suatu kedudukan yang tidak sama atau tidak seimbang antara tenaga medis dengan pihak pasien. Pemahaman tenaga medis (dokter umum dan dokter gigi umum) di Rumah Sakit Dr. Tadjuddin Chalid tentang informed consent masih perlu ditingkatkan. Pelaksanaan informed consent di Rumah Sakit Dr. Tadjuddin Chalid Makassar belumlah terlaksana dengan baik, hal ini disebabkan karena sebagian tenaga medis belum melaksanakan Undang-Undang no 29 tahun 2004 tentang Praktik Kedokteran.Kata Kunci: Pelayanan Medis, Informed Consent

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

The plague in Moscow in 1771 and a new coronavirus infection: what they have in common

2021 ◽  
pp. 62-77
Author(s):  
Leonid Anatolievich Denisov ◽  
Mikhail Sergeevich Pakhomov
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Effective Treatment ◽  
Medical Science ◽  
Historical Event ◽  
Prevention Measures ◽  
Physical And Mental Health ◽  
Coronavirus Infection ◽  
The City

The article is devoted to a historical event that occurred 250 years ago in Moscow. The authors draw analogies between the plague epidemic and the current situation associated with a new coronavirus infection, and note what unites these events. It shows the dedicated work of doctors in the conditions of complete ambiguity of the causes and spread of these infections, in the absence of effective treatment methods, what was the behavior of the population, how prevention measures were developed, and what is the role of the authorities of Moscow and St. Petersburg in the fight. How the state of medical science and the level of health care, referred to by economists as the non — material sphere, can affect the physical and mental health of the population and the economic situation of the city, country and the whole World.

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

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