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Main arrow Archive of previous Issues arrow 1 2011 (17) arrow Legal safety in the case of unintentional causing harm to an injured person while providing pre-hospital aid
Legal safety in the case of unintentional causing harm to an injured person while providing pre-hospital aid Print
Tuesday, 01 March 2011

Dezhurny L.I.1, Lysenko K.I.2, Zakurdaeva A.Yu.1
- Federal Public Health Institute, Moscow.
- Central clinical hospital of the Ministry of Internal Affairs of the Russian Federation, Moscow.

In the work, consideration is given to an analysis of the foreign experience in normative and legal regulations aimed at protecting an individual and emergency medical personnel, who provide the first medical aid, from bringing to civil, administrative, and criminal responsibility in case of injured persons death or his health complications during providing medical aid at a pre-hospital level. For this purpose, the normative acts regulating health care provision to injured persons in some countries of Anglo-Saxon and Roman-German legal families have been studied together with judicial precedents available .

The goal of the research was studying the opportunity and expediency of adaptation of the world experience to Russian legal system.

To study normative documents, both general scientific methods ( analysis, synthesis, system approach), and private law methods (formal legal and comparatively legal) were applied.

The results of research have shown that in the majority of developed countries there exist the legislative rules, which protect the persons causing unintentional harm to injured while providing medical aid from legal responsibility; corresponding judicial precedents take place; that helps to stimulate the public, including personnel of emergency medical care and ambulance, to provide full-scale aid to injured persons.

In the countries of Anglo-Saxon legal family (the USA, Canada, Australia), a special statutory act (the Law of Kind Samaritan) was developed within the framework of the civil legislation, which release a person providing the first aid from compensation of damage in case of unintentional causing harm to injured persons life or health, under the conditions that evidences of extreme negligence were not registered in actions of the person who provides the first aid.

In the countries of the Roman-German legal family (Germany, Austria, Switzerland) protection against legal responsibility in case of unintentional causing harm to a life or health during the first aid is insured by application of the norms of the corresponding "Emergency" legislation.

The results of research will allow to improve normative and legal regulations of the Russian Federation with the purpose to rise citizens motivation to the first aid provision.

Results of research have allowed to make the following conclusion. For the Russian Federation, development of the separate normative act similar to the Law of Kind Samaritan will be related with some difficulties caused by introduction of new legislation norms and concepts, and also will demand a long time for discussion and coordination. Experience in application of the "Emergency" norms in the countries of the Roman-German legal family can be more interested for Russia.

Key words: first aid, clearing from the responsibility, trauma, an urgent condition.


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