Patient’s right to compensation for non-pecuniary damage as a result of poor-quality medical care

Fadeeva Olga Vladimirovna

This article discloses the concepts of health, medical care and its quality, highlights the main regulatory acts governing the relationship between a doctor and a patient in order to realize the right of citizens to health protection enshrined in the Constitution of the Russian Federation. Based on the jurisprudence of the Kemerovo Regional Court, an analysis of the features of non-pecuniary damage in the event of adverse consequences of medical procedures in the Kuzbass, reflects the main components of the evidence base necessary to establish the existence of moral harm and the amount of monetary compensation payable. As evidence of a causal relationship between medical procedures and the onset of harm, as well as when establishing the amount of moral harm, the author points to pre-trial and forensic medical and psychological examinations. Based on the results of the study, it was concluded that there is a need for state regulation of reimbursement of medical responsibility, improvement of the liability insurance system of a medical institution in the event of adverse consequences of medical interventions.

Keywords:medical care, moral harm, patient, cash payment, health protection, consumer, insurance