Property Liability for Damage Caused to the Life and Health of a Citizen as a Result of a Medical Error
https://doi.org/10.18384/2949-513X-2024-4-43-50
Abstract
Aim. Possible measures of property liability for harming the life and health of citizens due to a medical error are analyzed, since among all the rights of a Russian citizen, one of the most important is the health of citizens – the highest value, therefore, the basic law guarantees medical care and health protection to citizens of our state. Negative consequences, causing harm to health or life during the provision of medical care, entail the appeal of injured citizens or their relatives, in the event of a fatal outcome of the patient, to the court with claims for compensation for property damage and / or moral damage.
Methodology. During the study of formal legal and comparative legal analysis and systematization methods were used. The use of the formal legal method made it possible to explore the existing terms and categories necessary for the onset of the obligation to compensate for harm to the life and health of a citizen due to a medical error.
Results. The analysis of the specifics of the onset of liability and the generalization of judicial practice in this article is aimed at a uniform understanding of legal categories that would allow the court not to just impose responsibility on medical professionals but also provide guidelines for their release from property liability and implement the principle of fair consideration of such a category of cases.
Research implications. The suggestions and conclusions contained in this article can form the basis for further study in the field of the obligation to compensate for harm to the life and health of a citizen due to a medical error.
About the Author
O. F. Fast
Federal State University of Education
Russian Federation
Russian Federation
Olga F. Fast – Cand . Sci . (Law), Assoc . Prof ., Department of Constitutional and Civil Law
ul. Radio 10A, 105005 Moscow
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