Bortnik S, Kalenichenko L, Slynko D
Kharkiv University of Internal Affairs, Kharkiv, Ukraine.
Georgian Med News. 2020 Sep(306):171-178.
The purpose of the study is to determine and analyze the features of the legal responsibility of medical workers for non-fulfillment or improper fulfillment of their professional duties. General scientific and special methods were used. The logical method of convergence from simple to complex made it possible to determine the main features of the legal responsibility of medical workers in the context of the analysis of the essence of medical activity and legal responsibility. The systemic-structural method made it possible to determine the place of civil responsibility of medical workers in Germany, France, the United States among other types of legal responsibility. Logical-legal and formal-legal methods made it possible to formulate the concepts "legal responsibility of medical workers as an institution of objective law" and "legal responsibility as an element of legal relations." The comparative legal method was used in the analysis of the legislation of foreign countries and Ukraine. We have established that a medical workers are special subjects and are held legally responsibility for failure to perform or improper performance of their professional duties, which are directly related to the nature of their work. A medical professional can potentially be brought to legal responsibility from the moment he begins to engage in his medical activity. The reality of the fact of bringing a medical professional to legal responsibility depends on the availability of the necessary grounds for its occurrence. The grounds for bringing a medical worker to legal responsibility are: the fact of committing a deliberate crime or an unjustified medical error; negative consequences for the life and health of the patient; a causal relationship between the fact of a deliberate crime or unjustified medical error and negative consequences for the patient. The main types of legal liability of medical workers include: criminal law, administrative law, civil law, disciplinary. The relationship between a patient and medical professionals in the USA, France, Germany is private, and is referred to as private law. These relations are mainly governed by the norms of civil law. In this regard, responsibility for "culpable defects" in the provision of medical services by medical workers is reduced to compensation for material and moral harm to the patient. Ukraine needs to develop and carry out a set of actions aimed at ensuring the protection of human rights, life and health in the medical field.
本研究的目的是确定并分析医务人员因未履行或不当履行其职业职责而承担法律责任的特征。采用了一般科学方法和特殊方法。从简单到复杂的逻辑收敛方法使得在分析医疗活动和法律责任的本质时能够确定医务人员法律责任的主要特征。系统结构方法使得能够确定德国、法国、美国等国家医务人员民事责任在其他类型法律责任中的地位。逻辑法律方法和形式法律方法使得能够形成“医务人员作为客观法制度的法律责任”和“法律责任作为法律关系要素”的概念。在分析外国和乌克兰的立法时使用了比较法律方法。我们已经确定,医务人员是特殊主体,因未能履行或不当履行与其工作性质直接相关的职业职责而承担法律责任。医务人员从开始从事医疗活动的那一刻起就有可能被追究法律责任。追究医务人员法律责任这一事实的现实性取决于其发生的必要依据是否存在。追究医务人员法律责任的依据是:故意犯罪或不合理医疗差错的实施事实;对患者生命和健康造成的负面后果;故意犯罪或不合理医疗差错事实与对患者的负面后果之间的因果关系。医务人员法律责任的主要类型包括:刑法、行政法、民法、纪律处分。美国、法国、德国患者与医务人员之间的关系是私法关系,被称为私法关系。这些关系主要由民法规范调整。在这方面,医务人员提供医疗服务中“有过错的缺陷”的责任归结为对患者物质和精神损害的赔偿。乌克兰需要制定并开展一系列旨在确保医疗领域人权、生命和健康得到保护的行动。