Grounds for offensive of civil legal liability for violations of patient’s rights in relationship on providing medical care using telemedical technologies

Karyagina Ekaterina Nikolaevna

Purpose: The purpose of this article is to comprehensively study the issues related to the grounds for the onset of civil liability in relations for the provision of medical care using telemedicine technologies. Methods: The methods of this work were general scientific (system analysis method, universal dialectical, synthesis, induction and deduction) and special (formal legal, systemic structural, historical) methods. Results: 1. The approaches to the definition of civil liability are analyzed, the concepts of "the basis of civil liability", "civil offense" are considered. 2. The rights of the patient under the specialized and consumer legislation are characterized. 3. A list of grounds for the occurrence of civil liability (civil offenses) for violations of the patient's rights in the provision of medical care (as well as medical services) has been compiled. 4. Five features of the provision of medical care with the use of telemedicine technologies, which are important for resolving the issue of the onset of civil liability, have been identified. 5. A list of grounds for the onset of civil liability for violations of patient rights in relations for the provision of medical care with the use of telemedicine technologies has been developed. Conclusions: 1. Much that relates to the grounds for the onset of civil liability for violations of the patient's rights in a relationship to provide medical care (ordinary) is also inherent in the grounds for the occurrence of civil liability for violations of the patient's rights in relationships for the provision of medical care using telemedicine technologies. However, it is necessary to take into account the specifics of the relations in question to resolve the issue of imposing civil liability on the offender. 2. The author of the work independently deduced a list of grounds for the onset of civil liability for violations of the patient's rights in relations with the provision of medical care using telemedicine technologies. The list reflects the features of these legal relations. However, it is not exhaustive and may be supplemented in the future.

Keywords:telemedicine technologies, medical care, patient, medical organization, consultant, civil offense, civil liability, grounds for offense.