Regarding the issue of self-regulation development in a professional field of the Healthcare system: A doctor’s right rather than liability

  • Stepan V. Firstov Association of traumatologists and orthopedists of Chelyabinsk region, 46, ul. Tsvillinga, Chelyabinsk, 454091, Russian Federation
  • Tatyana A. Seryak St. Petersburg State University, 7–9, Universitetskaya nab., St. Petersburg, 199034, Russian Federation
  • Elvira A. Tselishcheva Association of traumatologists and orthopedists of Chelyabinsk region, 46, ul. Tsvillinga, Chelyabinsk, 454091, Russian Federation https://orcid.org/0000-0001-9366-2959
  • Olga V. Dobrokhotova Association of traumatologists and orthopedists of Chelyabinsk region, 46, ul. Tsvillinga, Chelyabinsk, 454091, Russian Federation https://orcid.org/0000-0001-9366-2959

Аннотация

There are several current Healthcare system issues of the Russian Federation in the article that should be considered including the professional liability of doctors, insurance for the liability of medical workers and professional non-commercial organizations’ development in health as well as self-regulated organizations. Nowadays, professional liability insurance is voluntary: medical workers have a right to insure any risks of their professional liability enshrined in the federal law on basic principles of public health in the Russian Federation. The development of professional liability insurance in health is hampered by the absence of a federal law on compulsory insurance for medical staff. Adoption of the relevant law would provide a huge impetus to the future of this insurance field. Moreover, one of the duties of medical organizations is insurance in case of harm to the life and (or) health of patients during the administering of medical services according to the federal law. One of the conditions for non-profit organizations to acquire the status of a self-regulated organization is additional property liability for all members involved (activities, services). Self-regulated organization has a right to implement such a method of ensuring property liability for members of the self-regulated organization, such as the creation of a system of personal and (or) collective insurance. Focusing on the above mentioned issues related to the need for legal and social protection of patients and medical staff involved in the process of providing medical care when the life or health of a citizen is harmed, the authors conclude that self-regulation mechanisms are of interest for the Russian Federation Healthcare system. There is also the experience of foreign professional communities discussed in the article.

         

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Литература

References

Collier, Roger. 2015. “Professionalism: The privilege and burden of self-regulation”. Canadian Medical Association Journal 184 (14): 1559–1560.

Goryainov, Aleksei М. 2019. “Professional responsibility of medical workers”. Accessed January 27, 2019. http://rosmedconsulting.ru/news24/postid/own_news/94. (In Russian)

Kapranova, Svetlana Y. 2009. “Problems and prospects of development of liability insurance of the medical services in the Russian Federation”. Evraziiskii iuridicheskii zhurnal 11 (18). Accessed January 27, 2019. http://www.eurasialaw.ru/index.php?option=com_jcontentplus&view=article&id=4099:2013-04-03-06-55-13&catid=361:2013-04-03-06-51-53&Itemid=196. (In Russian)

Mikhailov, Leonid A. 2019. “Basis of self-government and self-regulation in professional medical activity.” Accessed March 12, 2019. http://svfirstov.ru/ news/Newsline/410.

Natsional’naia meditsinskaia palata. n. d. “The concept of introducing of a self-regulated system of professional activities of medical workers in the Russian Federation”. Accessed January 27, 2019. http://www.nacmedpalata.ru/?action=show&id=17695. (In Russian)

Piven, Dmitrii V., Igor’ S. Kitsul. 2011. “Around self-regulation in health”. Menedzher zdravookhraneniia 3: 24–30.(In Russian)

Romanovskaya, Ol’ga V. 2016. “Self-regulation in the sphere of private health care system”. Publichnopravovye issledovaniia 3: 1–18. (In Russian)

White, William D. 2015. “Professional Self-Regulation in Medicine”. American Medical Association Journal of Ethics 16 (4): 275–278.

Zgonnikov, Andrei P., Alla N. Pushkareva 2015. “Professional liability of medical workers’ insurance and the problems of medical secrecy confidentiality in the Russian Federation: theoretical aspect”. Zakonodatel’stvo i ekonomika 9: 15–19. (In Russian)

Zueva, Elena L., Sviatoslav Yu. Khovaev. 2014. “Self-Regulated Medical Associations in Russia: history, analysis and prospects”. Ars administrandi 2: 79–92.

Опубликован
2020-03-31
Как цитировать
Firstov, S. V., Seryak, T. A., Tselishcheva, E. A., & Dobrokhotova, O. V. (2020). Regarding the issue of self-regulation development in a professional field of the Healthcare system: A doctor’s right rather than liability. Вестник Санкт-Петербургского университета. Право, 11(1), 115-128. https://doi.org/10.21638/spbu14.2020.108
Раздел
Публичное и частное право: прикладные исследования