[SEPARATE ASPECTS OF LEGAL RESPONSIBILITY OF MEDICAL WORKERS ON THE EXAMPLE OF UKRAINE, GERMANY, FRANCE, THE USA].

Publisher: Assot︠s︡iat︠s︡ii︠a︡ delovoĭ pressy Gruzii Country of Publication: Georgia (Republic) NLM ID: 101218222 Publication Model: Print Cited Medium: Internet ISSN: 1512-0112 (Print) Linking ISSN: 15120112 NLM ISO Abbreviation: Georgian Med News Subsets: MEDLINE

Original Publication: Tbilisi : Nʹi︠u︡-Ĭork : Assot︠s︡iat︠s︡ii︠a︡ delovoĭ pressy Gruzii ; International Academy of Science, Education, Industry & Arts

Health Personnel* ; Human Rights*; France ; Germany ; Humans ; Ukraine ; United States

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.

Date Created: 20201101 Date Completed: 20201103 Latest Revision: 20201103

20231215

33130668