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

Abstract

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.

Keywords:

responsibility of medical workers, professional responsibility, insurance of medical workers’ professional liability, professional non-commercial organizations, self-regulated organizations, patient, health protection, doctor, medical worker, legal personality, medical service, medical help, Healthcare system.