Legal regulation of medical malpractice and iatrogenesis

Автор: Tomilin Oleg O., Papasov Artem V.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 4, 2023 года.

Бесплатный доступ

Research interest towards the problems of legal regulation of medical malpractise and iatrogenesis is caused by increased public attention to the responsibility of professionals for providing medical care to citizens. Law enforcement practice raises the question of the need to define the concepts of medical malpractice and iatrogenesis in order to define clear criteria of misconduct of a medical professional for timely suppression and prevention of its manifestations, as well as compensation for the harm caused to the patient. On the basis of the study of Russian legislation and judicial practice, the conclusion is made that it is impossible and inexpedient to formulate universal definitions of the concepts of medical malpractice and iatrogenesis, subject to legal enshrining, due to their non-legal nature. The authors acknowledge the fact that the concept of iatrogenesis is used in forensic medical examinations to identify the nature of the harm inflicted by the doctor on the patient's health and to fact-finding a causal link between the actions of a medical specialist and the physical condition of the subject. Legislation on forensic medical expertise to assess the quality of care provided by doctors needs to be improved, and the regulations governing the provision of medical services to the population need to be systematized.

Еще

Right to health care and medical assistance, medical malpractice, iatrogenesis, risk, quality of medical care, forensic medical examination

Короткий адрес: https://sciup.org/149142593

IDR: 149142593   |   DOI: 10.24158/tipor.2023.4.21

Статья научная