Legal conflicts in medical practice and methods of their resolution

Abstract

The aim: A theoretical and applied study of the essence of legal conflicts in the field of medical activity in order to determine the proper system of ways to protect the interests of patients, doctors and other participants in medical legal relations. Materials and methods: Various methods of scientific knowledge make up the methodological basis of research. Thus, the comparative legal method was used to compare the features of the legal regulation of the rights protection of medical legal relations subjects in different countries. The essence and classification criteria of both legal conflicts and methods of protection in the field of medical activity were investigated with the help of a system-complex method. The following other methods were used in the study, in particular: formal-logical, dialectical, analysis and synthesis. Conclusions:The classification of dispute resolution methods in the aspect of medical activity indicates the possibility of distinguishing non-jurisdictional (self-defense) and jurisdictional (special, administrative, judicial protection) forms of patients’ rights protection, as well as distinguishing two levels of such protection (pre-trial and judicial), each of which has its distinctive features and the patient himself is able to determine in what way and by what level to protect his rights. An important role in the conflict resolution in the field of health care is primarily played by the pre-trial protection, the defining features of which are the voluntary nature of conflict resolution, the availability, convenience and speed of dispute resolution as well as the possibility of compensation for the damage caused