Medical service: legal aspects |
Tuesday, 27 May 2014 | ||||||
N.V. Kosolapova Abstract. The paper discusses topical issues of legal regulation of medical services. In the Soviet period the relations between the patient and the health organization (provider of medical services, had a legal and administrative nature. The health legislation of 1969 was mainly based on administrative and legal norms. In fact, the relations were rather based on administrative and legal contract. Following reforming in healthcare legislation civil law norms became focal in regulating medical activities. Health care delivery is a special type of service per se. However, the definitions "health care" and "medical service" specified by paragraph two of the Federal Order #323-FZ "On basic principle of health protection of the citizens of the Russian Federation" as of 21.11. 2011 do not fall within the scope of civil law. Services for a fee contract is regulated by Chapter 39 of the Civil code of the Russian Federation; its rules are applicable to contracts for medical services. However, a medical service has a number of features that distinguish it from regular domestic services. The existing civil law does not consider the following peculiarities of medical services: - a medical service is inseparable from the process of service delivery and is consumed at the moment of its provision; it cannot be considered in isolation from the provider, and in the moment of its delivery, with rare exceptions, presence of the service consumer is essential; - a medical services’ market is the market of so-called “offended sovereignty of the consumer (the patient)”; - a medical service is unique in that the consumer is not its passive recipient but rather an active participant of the process. A universal compensatory nature of medical services should be pointed out at as well. It seems that a medical service is a set of compensated, relevant, sufficient, reliable and professional actions of a medical organization (services’ provider) aimed at satisfying the patient’s needs (services’ consumer), the contents of which is a medical intervention (a set of interventions), affecting the human health. Keywords: medical service; legal regulation; medical law; medical insurance. References
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