Legal aspects of compensation for damage due to medical error or medical help defect

Based on modern judicial practice, the article analyzes the current aspects of bringing medical organizations to civil liability due to their medical errors or defects in medical care. The latest practice follows the path of tightening the conditions for bringing medical organizations to civil liability. So, for example, until now, the concept of medical error has not been defi ned at the regulatory level, it is allowed to recover compensation for moral damage even for such defects in medical care that did not harm the patient’s health, as well as any moral or physical suff ering. Doctors, like any other specialists, can make mistakes, because in the course of their professional activities they systematically solve complex problems that cannot have a standard solution, moreover, treatment conditions may vary depending on the hidden characteristics of the patient’s body, his/her behavior and other factors that are diffi cult to predict and control. However, despite the importance of legal protection and protection of the public relations in question, in our opinion, the issues of compensation by medical organizations for harm to the patient should be more carefully considered by the legislator. Based on the results of the study, a number of recommendations were made, including those regarding the consolidation of the defi nition of the term “medical error” at the regulatory level, as well as the fact that the highest judicial authorities should state the impossibility of collecting compensation for moral damage due to the admission of formal violations that not only did not lead (even indirectly) to a deterioration in the patient’s health, but they could not cause him/her moral or physical suff ering.