Legal foundation of determining criteria of improper rendering of medical aid in russian federation
| Autor | Tatyana N. Balashova - Yuliya A. Chernysheva |
| Cargo | Federal State Budgetary Educational Institution of Higher Education «Bunin Yelets State University - Federal State Budgetary Educational Institution of Higher Education «Bunin Yelets State University |
| Páginas | 540-556 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
540
LEGAL FOUNDATION OF DETERMINING CRITERIA OF
IMPROPER RENDERING OF MEDICAL AID IN RUSSIAN
FEDERATION
Tatyana N. Balashova
1
Yuliya A. Chernysheva
2
Abstract: This scientific paper is aimed
at reviewing the applicable laws
governing the medical aid rendering to
the Russian Federation citizens, in
particular, the RF Civil Code, the Federal
Law dated 21.11.2011 No. 323-FZ “On
fundamental healthcare principles in the
Russian Federation”, the RF Law dated
07.07.1992 No. 2300-1 “On Protection
of Consumers’ Rights”, and a number of
subordinate regulatory legal acts. The
article’s authors tried to analyze and to
reveal criteria of improper rendering of
medical aid in the Russian Federation.
The authors substantiated that the
medical aid, as a complex of measures,
which are aimed at maintaining and (or)
recovering the health and which include
the rendering of medical services, must
correspond to the criteria of a proper
quality, a proper volume, it must be
rendered by highly-qualified specialists
properly, at the appropriate time and
1
Federal State Budgetary Educational Institution of Higher Education «Bunin Yelets Sta te University
2
Federal State Budgetary Educational Institution of Higher Education «Bunin Yelets State University
with complying with the established
rights of the patients, and a notion of
improper medical aid is defined. A
general scientific dialectical method and
a complex of scientific approaches of
obtaining knowledge (formally-legal,
system-structural, formally-logical) is
the research’s methodological
framework. The results, which the
authors obtained, consist in the fact that
as criteria of improper rendering of the
medical aid, it is necessary to consider
the conditions, volume, safety, quality,
non-conformity of the medical aid with
the goals, for which this medical aid is
usually rendered, violation of the
patients’ rights, non-optimal choice of a
technology of the medical aid rendering,
violation of the rights of execution of the
medical documentation. In the
conclusion the authors formulated the
basic conclusions of the research,
substantiated the necessity to develop
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
541
and to enshrine an enumeration of
criteria of the improper rendering of the
medical aid in the applicable laws.
Keywords: medical aid, medical
service, public health, criteria of
improper rendering of medical aid.
1. Introduction
A problem of poor rendering of
the medial aid to the population is very
important in Russia today. As the law-
enforcement agencies are working
inefficiently and the people, who suffer
from unsatisfactory medical services, are
passive, the population comes to believe
that the health care workers, who render
the medial aid improperly, are not
punished for that.
In order to solve this problem
efficiently, it is important and necessary
to develop the legal definition “improper
rendering of the medical aid (services)
and to sort out the criteria, according to
which the medial aid will be assessed as
poor.
This scientific paper is aimed at
researching the legal foundation of
determining the criteria of improper
rendering of the medial aid in the
Russian Federation.
The research conducted by Е.Kh.
Barinov, А.L. Vorontsov, Е.V.
Vorontsova, I.V. Gertsmanova, М.V.
Lyadova, I.G. Makarov, А.R. Pozdeev,
А.А. Starchenko, Е.S. Tuchik, S.Ya.
Yakovlev and others covers various
aspects of the problem of a legal
definition of quality of rendering of the
medical aid. However, in spite of great
importance of the problems, which are
examined in this research, the authors
have not found any special monographs
on this subject, or such research has not
been made public yet.
Improper rendering of the
medical aid is covered in a great number
of papers by foreign scientists: Antoci,
A., Maccioni, A.F., Galeotti, M., Russu,
P. [16, p. 414-435], Feess, E. [18, p.
157-167], Novak, S. Email
Author, Djordjevic, N. [25, p. 72-80]
and others.
The problems of responsibility of
the medical workers in the sphere of
protection of the patients’ rights abroad
were examined in some scientific
research: Gardiyawasam Pussewalage,
H.S., Oleshchuk, V.A. [22, p. 1161-
1173], Martin, G., Beech,
N., Macintosh, R., Bushfield, S. [23, p.
14-29], Studdert, D.M., Mello,
M.M., Sage, W.M., DesRoches,
Para continuar a ler
PEÇA SUA AVALIAÇÃO