Antonov S. Civil Law Liability for Damaging Health in Rendering Paid Medical Services

The thesis is a complete investigation dealing with the problems of application of civil law liability for damaging health in rendering paid medical services. The complex legal analysis of the most topical theoretical and practical questions that arise in rendering paid medical services by non-government medical institutions and citizens engaged in private medical practice, in particular the peculiarities of: legal nature, content, parties, the object and aim of this legal relationship – is made. Legal advantages of securing the rights and duties of the parties of the mentioned relationship by means of the civil law agreement, and the written Informed Consent of a patient to a surgical operation are considered, the mechanism of realization of incurable patients’ right to active and passive euthanasia is given. Much attention is paid to the conditions of coming the civil law liability in rendering medical services, the correlation of the contract and tortuous liability, the legal qualification of certain risky kinds of medical services as the activity characterized as a source of heightened danger. The results of the investigation are presented in the form of the well-grounded and new scientific-practical proposals that can be used to eliminate flaws and contradictions in the Legislation currently in force.