Medical law

With a change in the socio-economic conditions in our country has undergone radical transformation and legislation.

If earlier legal regulation in the health care system was supposed only by the departmental, then in the early 90s of the last century, a legislative basis appeared:

Introduction throughout the territory of the Russian Federation, along with the system of compulsory medical insurance of private health, was the basis of paid medical services. Medical Services have become a commodity, medical organizations with a private form of property began to sell them.

Naturally, the above conditions contributed to the emergence of a new area of ​​knowledge, referred to in a professional environment as medical law.

What regulates medical law

Medical law regulates the entire spectrum of the relationship between the laws of law: federal and territorial Funds of the OMS, insurance medical companies, medical organizations of any form of ownership and patient - a finite consumer of medical services.

The number of complaints about the work of medical organizations, including public medical institutions, has sharply increased.

Citizen-patient-consumer of medical services turned out to be one for one medical organizations. And, although legally formally, medical insurance organizations were designed to protect the interests of the patient, this did not happen in real life. Insurance medical organizations have not become a rescue circle for a person who has been for medical assistance in a system of compulsory medical insurance (OMS) or in a voluntary health insurance system (DMS).

Nevertheless, patients (health care users), unsatisfied with the quality of medical services provided to them, medical care as a whole persistently defend their violated rights. The number of claims to medical organizations is steadily growing.

Patients wish not only justice as such, but they want to receive compensation, both material damage and caused by moral damage due to the medical assistance rendered inadequate quality.

Interesting dynamics of monetary compensation for the caused moral and physical suffering that suffered a patient when providing him with poor quality medical care.

So, at the turn of the late 90s of the last century - the first century of the twenty-first centuries, the money paid as compensation for moral damage to court decisions was hundreds, sometimes thousands of rubles, then by 2005. They reached tens of thousands and even a few hundred thousand rubles. According to the North-Western Federal District, namely in St. Petersburg, not once to patients who applied to the court about poor-quality medical care, causing harm to health as a result of improper medical care, sums paid within 300,000-400,000 rubles.

A lot of it or little? It depends on what you compare it to. If you take the end of the 90s of the last century, then it is already a lot. If you compare the sizes of compensation payments for transferred moral and physical suffering caused in medical workers in other so-called civilized countries, then these amounts are mockingly small. For example, in the United States, the suffering components of moral harm are sometimes estimated in hundreds of millions of dollars.

And yet the ice started. Despite the artificial understatement by the judiciary of the reimbursed cash, it is worth noting that objectively they are constantly growing.

Of course, a patient - a man who has become extremely difficult to defend its interests in the courts of general jurisdiction in medical science. After all, the defendants them are professional medical workers. It would probably be unnatural if every patient could win by doctors.

By the way, the latter also suffer from a lack of legal qualifications. Hard and judges who are not experts in the field of medicine, but doomed to make decisions or sentence.

It should be noted that lawyers of general practice, lawyers are usually hampered in applying the rules of law, legal categories and concepts when professional activities of medical workers are subject to evaluation.

Unfortunately, in the health care system, OMS, the judicial system does not record and analyze the so-called medical errors, cases of causing various degrees of harm to health, causing death by negligence as a result of providing medical care.

It can be argued that there is practically no special literature dedicated to medical and legal issues, medical law.

Recently, the publications of this focus began to appear. It is unlikely that they will almost help both the patient and the doctor in defending their interests. The authors of such publications are sometimes judicial medicines - medical professionals who do not have knowledge of jurisprudence. Sometimes lawyers are taken for feather, lawyers who may theoretically substantiate some long-known procedural subtleties, but, for quite understandable reasons, are not well oriented in medical science. Specialists of the Federal Fund, territorial OMS Funds, practitioners, T.E. People who have an indirect attitude to the question under consideration. Better in issues of medical law having a legal orientation oriented doctors who received the second higher education in the specialty jurisprudence. Alas, such specialists are extremely few. Almost less among them, those who really devote themselves not only to theoretical research, but also the practical application of knowledge gained in everyday court in becoming not only relevant, but also enough fashionable medical and legal topics.