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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
1
- Federal Public Health Institute, Moscow.
2
- 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 personĺs 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 personĺs 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 citizensĺ 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.

References

  1. Globalnyy krizis v oblasti bezopasnosti dorozhnogo dvizheniya. Organizatsiya Obedinennykh Natsiy, Generalnaya Assambleya, Pyatdesyat vosmaya sessiya Punkt 162 predvaritelnoy povestki dnya. Doklad Generalnogo sekretarya.07 avgusta 2003 g. [Global crisis in road traffic security. United Nations. General Assembly. 58th session. Point 162 of preliminary agenda. Report of UN Secretary General. Aug.7, 2003].
  2. Grazhdanskiy kodeks Rossiyskoy Federatsii. Chast vtoraya: feder. zakon ot 26 yanvarya 1996g. ╣ 14-FZ (v red. Federalnogo zakona ot 18.07.2005 ╣ 89-FZ). Sobranie zakonodatelstva Rossiyskoy Federatsii, 1996, N 5, st. 410. http://www.consultant.ru/popular/gkrf1 [Civil code of Russian Federation. Part II. Federal law of Jan.26, 1996. No 14-Federal law (the version of this Federal law from 18.07.2005 is No.89-Federal law].
  3. Kodeks Rossiyskoy Federatsii ob administrativnykh pravonarusheniyakh: feder. zakon ot 30 dekabrya 2001 g. ╣ 195-FZ. Sobranie zakonodatelstva Rossiyskoy Federatsii, 2002, N 1 (chast I), st. 1. [Code of Russian Federation on administrative violations. Federal law of Dec. 30, 2001. No 195-Federal law].
  4. Mikhaylovich VA, Miroshnichenko AG. Rukovodstvo dlya vrachey skoroy pomoshchi [Guidelines for urgency crew physicians]. St. Petersburg: Nevskiy dialect; 2005. 703 p.
  5. Muller Z. Neotlozhnaya pomoshch (Per. s nem) [Service of urgent medical care. Translated from German]. Moscow: MED-press-inform; 2005. 445 p.
  6. Rusakov AB. Sistemnyy podkhod k okazaniyu meditsinskoy pomoshchi pri massovoy travme [Systemic approach to medical care for mass trauma]. Voenno-meditsinskiy zhurnal 1994; (12):27-29.
  7. Sumin SA. Neotlozhnye sostoyaniya. 5-e izd., pererabotannoe i dopolnennoe [Urgent conditions 5th rev. ed.]. Moscow: Meditsinskoe informatsionnoe agentstvo; 2005. 752 p.
  8. Ugolovnyy kodeks Rossiyskoy Federatsii: feder. zakon ot 13 iyunya 1996g. ╣ 64-FZ. Sobranie zakonodatelstva Rossiyskoy Federatsii, 1996, ╣24, st.3244, http://ukrf.narod.ru/ [Criminal code of Russian Federation. Federal law of June 13, 1996. No.64 ľ Federal law].
  9. Cohen L, Swift S.The spectrum of prevention: developing a comprehensive approach to injury prevention. Injury Prevention 1999; (5):203ľ7.
  10. Hargarten SW, Karlson T. Injury control: a crucial aspect of emergency medicine. Emergency Medicine Clinics of North America 1993; (11):255ľ62.
  11. Marson A, Thomson J. The influence of prehospital trauma care on traffic accident mortality. Journal of Trauma 2001; 50:917ľ20.

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