On the Issue of Civil Liability for Inadequate Provision of Medical Services

  • Antonina S. KIZDARBEKOVA Department of Civil and Labor Law, Karaganda State University named after Academician E.A. Buketov, Karaganda, Kazakhstan
  • Marina Yu. PRUDNIKOVA Department of Civil and Labor Law, Karaganda State University named after Academician E.A. Buketov Karaganda, Kazakhstan
  • Aliya S. NURZHANOVA Department of Civil and Labor Law, Karaganda State University named after Academician E.A. Buketov Karaganda, Kazakhstan

Abstract

The relevance of the researched problem is determined by the fact that until recently, problems of protecting the rights of the patient were researched in science extremely fragmentary, and the responsibility of medical workers in the event of their violation was based on bringing the perpetrators to disciplinary, less often to criminal and administrative responsibility. Thus, the article is aimed at exploring a new approach in the implementation of the constitutional right of citizens to health care, which has resulted from a change in the status of health authorities. The leading approach to the study of this problem is a descriptive method that allows identifying and analyzing in detail the specifics of the civil liability of doctors for inadequate medical services to patients. The analysis of the positions developed in the Kazakhstan and Soviet scientific thought on the specified circle of problems is carried out. The materials of the article suggest practical significance for university professors of legal specialties.

References

[1] Afanasyeva, Ye.G. 1995. Legal regulation of the provision of commercial medical services in the United States. Nauka.
[2] Bank of judicial acts. Supreme Court of Kazakhstan. 2018. http://sud.gov.kz/rus/content/bank-sudebnyh-aktov
[3] Basin, Yu.G. 2003. Selected works on civil law. YuridicheskiyTsentr Press.
[4] Bidaishiyeva, A., et al. 2018. Improving quality of legal regulation for social rights of family and child within new social course in Kazakhstan. Journal of Legal, Ethical and Regulatory Issues 21(1): 1544-0044-21-1-165.
[5] Bredichevskiy, F.Yu. 1970. Criminal liability of medical personnel for violation of professional duties. Nauka.
[6] Chavpetsov, V.F., Grishin, V.V., Semenov, V.Yu.,Glushchenko, P.P. 1995. Examination of the quality of medical care in the system of compulsory medical insurance: Problems, tasks and approaches to their solution. Nauka.
[7] Chazov, Ye.I. 1979. Science, doctor, diagnosis. Clinical Medicine 7: 16-24.
[8] Civil Code of Kazakhstan (Special Part). 1999, https://online.zakon.kz/Document/?doc_id=1013880.
[9] Kassirskiy, I.A. 1970. On the iatrogenic diseases. 1st All-Russian Conference on the problems of medical deontology, in Moscow, Russian Federation. Nauka.
[10] Kirichenko, D.F. 2010. Legal regulation of the protection of the rights of consumers of medical services. Nauka.
[11] Kozminykh, E. 2001. Obligations due to injury to health in the provision of medical services. Russian Justitia 2: 14-22.
[12] Law of Kazakhstan ‘On Protection of Consumer Rights’ dated May 4, 2010, https://online.zakon.kz/document/?doc_id=30661723.
[13] Lomakina, I.G. 2006. Civil-law regulation of relations in the provision of medical services in the Russian Federation. Nauka.
[14] Maleina, M.N. 2001. Personal non-property rights of citizens: Concept, implementation, protection. MZ Press.
[15] Rokitskiy, M.R. 1986. Mistakes and dangers in pediatric surgery. Medicine.
[16] Savitskaya, A.N. 1982. Reimbursement of damage caused by improper healing. Vyshchashkola.
[17] Sergeev, Yu.D., Lomakina, I.G., Kanunnikova, L.V. 2007. Problems of civil liability in the provision of medical care. Russian Judge 3: 24.
[18] Serov, V.V. 1990. On the modern nosological diagnosis (regarding the discussion article by D.S. Sarkisov). ArkhivPatologii 9: 69-72.
[19] Smirnov, V.T., Sobchak, A.A. 1983. General theory of tort obligations in Soviet civil law. Publishing House of the Leningrad University.
[20] Stetsenko, S.G. 2004. Medical law. YuridicheskiyTsentr Press.
[21] Sukhoverhiy, V.L. 1975. Civil law regulation of health care. Soviet State and Law 6: 105-109.
[22] Vasilyeva, Ye.Ye. 2004. Contract for paid medical services in the Russian Federation legislation. Nauka.
[23] Veyler, P. 1993. The cases of malpractice. State and Law 1: 72-78.
[24] Yaroshenko, K.B. 1970. The property liability of medical institutions for the harm caused by their employees. Yuridicheskayaliteratura.
[25] Zvezdina, Yu.A. 2000. Civil liability for causing harm in the provision of medical services. Nauka.
Published
2019-11-20
How to Cite
KIZDARBEKOVA, Antonina S.; PRUDNIKOVA, Marina Yu.; NURZHANOVA, Aliya S.. On the Issue of Civil Liability for Inadequate Provision of Medical Services. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 7, p. 2336-2346, nov. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4062>. Date accessed: 28 apr. 2024. doi: https://doi.org/10.14505//jarle.v9.7(37).17.