Zavarza T. Civil liability hospitals for injury improper treatment

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U002803

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

25-05-2015

Specialized Academic Board

К 64.051.28

Essay

Object: Public relations concerns arising in connection with the civil liability of medical institutions causing harm due to improper patient treatment. Methods of research: Analysis, synthesis, abstraction, concretization, analogs and others were empirical methods if scientific knowledge, observation, study regulations, scientific literature, and court practice as well as the theoretical results and their novelties. Scientific Novelty: For the first time, there has been a formulation in the concept of force majeure in the field of healthcare for citizens, which is understood as the result of treatment failure because of the extraordinary events or irreversible pathological processes in the human body caused by disease or injury, which are predicted to be at risk for this type of medical intervention; we can select the form of harm caused by improper treatment which are expressed in, A: The death of a patient. B: Causing harm to the patient's health. C: An increase in patient harm; missed opportunity to reduce harm to the health of the patient, given the definition of the risk of medical intervention as the possibility of medical care during the negative consequences for the patient, who is identified and described in medical science and may occur as a result of the intervention of random factors in the process of healthcare, or due to force majeure. All of which are classified risks of medical intervention. There are two types of highlighted medical intervention risks, 1: The risk of adverse effects on the patient's health, or death as a result of medical care or services. 2: The risk of not achieving the desired result of medical intervention in the absence of harm to the life or health of the patient. The practical significance of this work: Formulated thesis research and findings in its totality can be used in legislative activity for the improvement of norms in the Ukrainian legislation and the development of new legal acts in this area in law enforcement, in the exercise of civil proceedings, lawyers and other branches of law enforcement, research work for further research in the field of civil law; in educational methodical for training and teaching disciplines "Civil Law of Ukraine", Legal Regulation of Medical Activity in Ukraine" and the relevant specialized courses, in the preparation of textbooks and teaching aids, as well as teaching materials.

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