Abstract

KOLESNICHENKO, Olga V.. Compensation schemes for health harm caused by medical error: comparative legal research and choice of path for the Russian Federation. Bol. Mex. Der. Comp. [online]. 2022, vol.55, n.163, e17664.  Epub June 15, 2023. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2022.163.17664.

The purpose of this work is a comparative legal study of foreign experience in legal regulation and practice of applying special schemes for compensation for harm caused to health as a result of a medical error, as well as determining the prospects for the development of Russian legislation in this part. The article examines the regulatory legal acts of the Russian Federation and a number of foreign countries (Belgium, Germany, Denmark, Norway, France, Sweden, the United Arab Emirates, etcétera.), the practice of their application. Methods used: general philosophical, general scientific, particular scientific, special (formal legal, comparative legal). Of particular value to the study is the fact that the author substantiates the possibility of applying special legal presumptions as an alternative to the use of costly and organizationally problematic no-fault schemes. For the first time, the prospects for the introduction of certain elements of compensation schemes without fault for «accidents» are determined in those areas of medical activity where it is especially difficult to establish the origin of harm from the actions (inaction) of a particular medical worker, including for individual elements of the scheme. As a result, the presented study is relevant and significant not only for Russia, but also for other states that have not yet developed a stable special regulatory legal regulation of these relations.

Keywords : compensation; fault; harm; health; liability; scheme.