Risk in the performance of medical activities: medico-legal overview

Abstract

OBJECTIVE: Introduction: The article analyzes the medical and legal analysis of the professional right to justified medical risk and the grounds for exclusion of their responsibility for the occurrence of negative consequences as a result. The aim:of the article is to review the legal regulation of medical risk at the international level and, based on that analysis, to define the concept of justified medical risk and to analyze its main features. PATIENTS AND METHODS: Materials and methods: International acts, legislation of European states, scientific developments, jurisprudence were analyzed, building on dialectical, comparative, analytical, formally logical, statistical, complex methods of scientific research and sociological method (questionnaire). RESULTS: Results: The survey found that most physicians understand some of the actions that a doctor takes to improve a patient's health, and believe that the risk begins with the identification of circumstances that may endanger the patient's life and health. The results made it possible to confirm that the medical risk is present in the practical activity of each of the doctors, and the main purpose is to save the life and health of the patient. The analysis of court convictions shows that due to insufficient regulation of risk, its onset and basic features, most of the concepts are evaluative, which leads to a lack of uniformity of jurisprudence on medical risk issues and the unlawful prosecution of doctors. CONCLUSION: Conclusions: Based on the analysis of key signs of medical risk, it has been formulated that justified medical risk is the risky action of a doctor within the framework of normative acts on treatment, which are performed in order to protect the life and health of the patient, if the stated goal cannot be achieved by risk-free actions. The study also revealed trends in the use of justifiable risk by physicians in practice.