Maxim S. Mateykovich1, Elena A. Mateykovich2
1Second Cassation Court of General Jurisdiction, Moscow, Russia, firstname.lastname@example.org
2Tyumen State Medical University, Tyumen, Russia, https://orcid.org/0000-0002-2612-7339
Abstract. The search for ways to minimize adverse health outcomes has been ongoing for many years. In recent years, along with medical professionals, lawyers are actively involved in solving this problem. Medical errors are becoming one of the most common causes of severe complications of the disease. The problem of significantly reducing such errors is of a multidisciplinary nature, including issues of law, medicine, biomedical ethics, medical sociology, psychology.
The research aim is to consider the problem of reducing the risk of medical errors from a legal perspective. The objectives are: to summarize the existing approaches to solving the problem in the scientific literature, to determine the place of medical errors in the structure of defects in the provision of medical care, to analyze judicial practice and identify patterns in the consideration of relevant cases.
The literature, evaluated in this article,is the regulatory legal acts of the Russian Federation, clinical recommendations (protocols) for the treatment of diseases, court decisions, considered through the analysis of their content, comparison, generalization, statistical processing of digital data.
The author comes to the conclusion that the prevention of medical errors is a complex medical, social and legal problem. The main idea of the article: the role of healthcare in the life of society, the demographic policy of the state, the emergence of new threats in the form of the spread of previously unknown dangerous infectious diseases, a serious public demand for affordable and safe medical care require a qualitative revision of the legal regulation of the provision of medical activity, including on the basis of ideas laid down in the current edition of the Constitution of the Russian Federation.
Keywords: medical errors, medical care, clinical guidelines (protocols), trial, defects in medical care
Acknowledgments. This work was supported by the Russian Foundation for Basic Research, project No. 19-011-00316/20.
For citation. Mateykovich M. S., Mateykovich E. A. Legal Characteristics of Medical Errors and Minimizing the Risks of Their Commission. Journal of Russian Law, 2021, vol. 25, no. 9, pp. 61—77. (In Russ.) DOI: 10.12737/jrl.2021.111