Some questions of the civil legal responsibility of the executor on the contract for provision of medical services

Abstract

The article is devoted to problems of civil responsibility of the performer under the contract on rendering medical services. The subject of article is especially relevant in the time of updating of the civil legislation of the Republic of Kazakhstan and development of norms on consumer protection. Interest in a subject is attracted by a huge number of the civil disputes arising now concerning inadequate medical attendance of patients. The legislation on health of the people and a health care system constantly changes. It is directed to regulation of the relations between medical institutions and patients, establishing guarantees of implementation and protection of the rights by them. Meanwhile, law-enforcement practice shows that in the sphere of civil responsibility of health workers a certain gap is traced. There are no accurate criteria of restriction of responsibility and release from responsibility of the health workers allowing inadequate execution of the obligations for the contract including owing to medical errors. All this does the patient by weakness of the contract, and the contract on rendering medical services — the transaction, risk for its rights and interests. The author of article defines some problems of legal regulation in this sphere and offers ways of their decision. In respect that in Kazakhstan not so many scientific works devoted to problems considered by the author, the article content is worthy, and its findings may contribute to the improvement of civil legislation and legislation on health services in the Republic of Kazakhstan.