Protection of Patients’ Rights in the Healthcare Sector of the Russian Federation
https://doi.org/10.17803/lexgen-2025-4-1-39-53
Abstract
The article examines the issues of exercising and protecting civil rights in the field of health care and evaluates new trends in judicial practice. It is revealed that the protection of citizens’ rights in the field of health care is possible when establishing the harmful ef fect, guilt and wrongfulness, as well as the causal relationship not only with the harm and the behavior of the organization, but also property losses. The core objective of the work is to study the current legal framework on the protection of citizens’ health in the Russian Federation. The article also 1) considers the legal status of participants in medical activities, 2) highlights the issues of application of legislation in the field of health care, 3) proposes ways to solve the identified issues of implementation and protection of the rights of citizens in the medical sphere.
The conclusion is that the courts impose the obligation to compensate for damages in favor of patients in case of harm to health or substandard provision of medical services; however, the medical institution does not of ten have enough money, so that the courts cannot recover these amounts from the owner of the property.
The concepts of iatrogenesis, medical error, accident, etc. for bringing to civil liability require clarification as specific features determined by the medical service itself are not taken into account.
The author proposes a flexible approach to regulating medical activity, balancing the interests of patients and the clinical experience of doctors, expanding the possibilities of a medical organization to act in the patients’ best interests.
About the Author
E. P. Shevchuk
East Siberian Branch of the Russian State University of Justice
Russian Federation
Russian Federation
Elena P. Shevchuk, Senior Lecturer of the Department of Civil Law
Irkutsk
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For citations:
Shevchuk E.P. Protection of Patients’ Rights in the Healthcare Sector of the Russian Federation. Lex Genetica. 2025;4(1):39-53. (In Russ.) https://doi.org/10.17803/lexgen-2025-4-1-39-53
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