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PDF: Author(s): Miroshnikova E. M., Paikov A. Yu., Samoilova Yu. B.,
Number of journal: 3(60) Date: August 2022

In the interaction of the doctor and the patient, which is an important component of the process of diagnosis and treatment, the rights of citizens in providing them with medical care occupy an important place. One of the key rights of the patient is to refuse medical intervention. The duties of the doctor correspond to this right, and its implementation involves certain legal risks for the doctor and the medical organization. The main emphasis in the article is placed on the implementation of the right to refuse medical intervention in the practice of a gynecologist. The authors turn to the history of the issue, noting that the patient’s consent and refusal of medical care were touched upon in the essays of Russian lawyers back in the pre-revolutionary period, the important conditions of its legitimacy outlined at that time remain relevant at present. Having analyzed the main regulatory legal acts in this area, judicial practice, the authors draw attention to the legal significance of the need to formalize a refusal of medical intervention in accordance with the form established by the current regulatory documents. The article notes important provisions of the legislation related to the work of the doctor to formalize the refusal of medical intervention, providing practical recommendations for minimizing the associated legal risks. A study of the legal regulation of the issue indicated in the title of the article, as well as the practice of application of regulatory provisions, allowed the authors to note gaps in legal regulation. Legislation in the field of health protection does not contain an algorithm for the actions of a doctor when a patient refuses to sign relevant documents or is unable to sign documents for objective reasons.


right to health care, refusal of medical intervention, medical activities, medical organization, informed consent, doctor, gynecologist, patient, legal risks, liability

For citation:

Samoilova Yu. B., Paikov A. Yu., Miroshnikova E. M. Exercising the right to refuse medical intervention: legal risks. Business. Education. Law, 2022, no. 3, pp. 239—243. DOI: 10.25683/VOLBI.2022.60.329.