TOPICAL ISSUES OF LEGAL LIABILITY OF MEDICAL ORGANIZATIONS WHEN PROVIDING MEDICAL CARE WITHIN COMPULSORY MEDICAL INSURANCE
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Author(s): | Gorovenko S. V., Zolnikova N. E., |
| Number of journal: | 2(75) | Date: | June 2026 |
| Annotation: | The field of medicine is characterized by a multilevel system of control and responsibility, involving the imposition of financial penalties on a medical organization. It is difficult to deny the importance of the preventive and law-restoring function of measures of legal liability. Nevertheless, the scope of liability should not translate the prevention of offenses into punitive action, which negatively affects not only the perpetrator himself, but also the participants in healthcare legal relations who are not involved in the offense. An analysis of the liability of medical organizations within compulsory medical insurance has shown that even a single violation of the quality requirements for medical care can lead to the application of four types of financial sanctions, which allows us to judge the excessive amount of the financial burden imposed. Formally, part of this burden can be shifted to the guilty medical worker within the framework of his financial liability by way of recourse or depremation as a disciplinary action against the employee. At the same time, this type of behavior may be a factor exacerbating the personnel shortage in the system of public medical institutions. In this regard, options are proposed for limiting the liability of medical institutions for identified violations by eliminating duplication of liability measures while maximizing the balance of financial interests of all participants in the legal relationship under consideration. As such, it is proposed to establish a mandatory pre-trial procedure for the settlement of claims between a patient and a medical organization in the event of complaints about the quality of care provided, attention is drawn to the need to adopt a law on professional liability insurance for medical workers, and a measure to exclude administrative liability in the case of penalties when violations are detected within the framework of control by insurance medical organizations. | ||
| Keywords: | medical activity, legal liability, administrative liability, control, quality of medical care, compulsory medical insurance, independent expertise, insurance, dispute resolution |
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| For citation: | Gorovenko S. V., Zolnikova N. E. Topical issues of legal liability of medical organizations when providing medical care within compulsory medical insurance. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026; 2(75):226—230. DOI: 10.25683/VOLBI.2026.75.1644. |
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