Medical error when providing medical care as a basis for applying to the court for judicial protection

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Abstract

Issues of the quality of medical care in the Russian Federation are actively discussed by both scientists and practitioners, in addition, this issue is of particular interest to the direct recipients of this assistance, i.e. citizens. In this paper, in order to comprehensively study the effective protection of violated rights of patients, we study the nature of medical errors, as well as the attitude of patients and doctors to them. In this work, formal legal methods were used. The article examines in detail the algorithm of actions before applying to the court of an interested person whose right is violated by poor-quality medical care, in the context of their impact on the final result of judicial protection, which is carried out by making a legitimate and reasoned decision on the case. The author analyzes the actions, the Commission of which is necessary in cases when suffered injury improper provision of medical services is a medical facility or by a doctor carrying out private practice from the moment of establishment of the fact of committing a medical error by examination and ending with the preparation and filing of a claim in the court in accordance with article 131 and 132 of the code of civil procedure of the Russian Federation. The article examines the subject composition of persons in cases on the protection of patients ' rights, issues of jurisdiction, requirements for the form and content of the statement of claim. The work is illustrated by examples from judicial practice, indicating the variety of cases of violation of patients ' rights, the difficulties that may arise in the process of proving the plaintiff's position in the case, as well as the exclusivity of individual means of proof in this category of cases, such as the expert opinion.

About the authors

Natalia N. Tkacheva

Author for correspondence.
Email: nntkachewa@yandex.ru
SPIN-code: 2591-0624
Russian Federation

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