Chapter 1. The general theoretical description of the legal regulation of civil liability insurance consists of three subsections.
Subsection 1.1 Formation and development of the institution of civil liability insurance in Ukraine and the historiography of the study is devoted to the analysis of the origin and development of insurance as a legal institution.
A review of the literature and the history of the formation of legislation on civil liability insurance show that this institution has not yet been fully formed in Ukraine, as evidenced by constant changes and additions to the regulatory acts that regulate the implementation of this type of insurance activity.
Subsection 1.2 Peculiarities of regulation of legal relations in the field of civil liability insurance describes the legal regulation of liability insurance in Ukraine. It is noted that, acting as the root cause of the flourishing of the insurance business, the needs of society contribute to the development of normative regulation of insurance legal relations.
It has been established those legal relations in the field of liability insurance are regulated by a large array of disparate regulatory acts, which leads to an excessive burden, within which there is a risk of collisions and gaps, which in turn is a negative trend in the development of the insurance institute.
In subsection 1.3 Legal nature of the civil liability insurance contract, as a basis for the emergence of insurance legal relations, it is suggested that the liability insurance contract should be understood as an agreement between the insured and the insurer, which is concluded with the aim of protecting the property interests of the insured in connection with financial losses that may arise as a result of carelessly caused by him or his hired employees, whose liability is insured, damage to third parties.
Subject composition and content of the civil liability insurance contract for health care facilities consists of three subdivisions.
In subsection 2.1 The concept, essence and form of the contract of civil liability insurance of medical service providers is proposed to mean a contract of civil liability insurance of a health care institution (as an employer) as a written agreement between the insurer and the insured (medical institution), according to which the insurer undertakes to indemnify the insured or another person specified in the contract for damages negligently caused by an employee whose civil liability is insured, and the insured undertakes to make timely insurance payments and fulfill other terms of the contract.
Subsection 2.2 Subject structure of the civil liability insurance contract of medical service providers examines the conditions to which the insured must comply in this type of contract, as well as the doctor whose civil liability can be insured. The status of the third party under the contract under study was analyzed, the peculiarity of which is the combination of the beneficiary and the consumer of medical services in one person.
In subsection 2.3 Contents of the contract of civil liability insurance of medical institutions, a study of the structure of the insured event (risk, negative consequences, cause-and-effect relationship) was carried out.
It is suggested that a medical error should be understood as the negligent infliction of harm to the life or health of a patient by a medical worker during the performance of his professional duties, in the absence of adequate (necessary and sufficient) application of special knowledge and skills, as well as justified risk in each specific case. The concept of "classification of medical errors" is also defined.
Chapter 3. Execution of the civil liability insurance contract for medical facilities consists of two subdivisions.
The procedure for pre-trial establishment of the fact of the presence/absence of a realized insured event has been analyzed and proposed, which generally consists of the three steps. It was established that only fault in the form of carelessness is the basis for bringing the doctor to civil liability and payment of insurance compensation.
The need to consider the atypicality and symptom lessness of the course of the disease, as well as the existence of a justified risk, as grounds for the release of a medical worker from legal responsibility for causing harm to the patient's life or health. The criteria of justified risk have been studied.
