COMPENSATION OF MORAL HARM DURING IMPROPER MADICAL AID IN RUSSIA AND ABROAD

Objective: Basing on the analysis of the Russian and foreign experience, to suggest the method of calculating the compensation of moral harm during improper medical aid. Methods: The methodological base of the research is the general dialectic method of cognition allowing to research the phenomena a...

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Main Author: D. A. Totochenko
Format: Article
Language:English
Published: Tatar Educational Center “Taglimat” Ltd. 2013-06-01
Series:Russian Journal of Economics and Law
Subjects:
Online Access:https://www.rusjel.ru/jour/article/view/1224
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author D. A. Totochenko
author_facet D. A. Totochenko
author_sort D. A. Totochenko
collection DOAJ
description Objective: Basing on the analysis of the Russian and foreign experience, to suggest the method of calculating the compensation of moral harm during improper medical aid. Methods: The methodological base of the research is the general dialectic method of cognition allowing to research the phenomena and processes of the reality in their historical development, interconnection and interdependence, and the general scientific, special and private legal methods. Results: The features of determining the size of compensation of moral harm during improper medical aid in Russia and abroad are researched. The method of calculating the compensation of moral harm during improper medical aid is proposed with the account of priority of under-age patients’ rights protection. Scientific novelty: The article suggests the alternative method of calculating the compensation of moral harm during improper medical aid. Another novelty is the fixed increasing coefficient which is applied if the harm is imposed on an under-age patient. Practical value: The theoretical provision formulated in the article can be applied in law-making and law-enforcement practice, as well as in the educational process of juridical educational establishments.
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publisher Tatar Educational Center “Taglimat” Ltd.
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spelling doaj-art-f44f9bef4f3d4efdb348f18779c85c732024-12-18T11:46:57ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232013-06-01022062111222COMPENSATION OF MORAL HARM DURING IMPROPER MADICAL AID IN RUSSIA AND ABROADD. A. Totochenko0Omsk academy of the Russian Ministry of domestic affairsObjective: Basing on the analysis of the Russian and foreign experience, to suggest the method of calculating the compensation of moral harm during improper medical aid. Methods: The methodological base of the research is the general dialectic method of cognition allowing to research the phenomena and processes of the reality in their historical development, interconnection and interdependence, and the general scientific, special and private legal methods. Results: The features of determining the size of compensation of moral harm during improper medical aid in Russia and abroad are researched. The method of calculating the compensation of moral harm during improper medical aid is proposed with the account of priority of under-age patients’ rights protection. Scientific novelty: The article suggests the alternative method of calculating the compensation of moral harm during improper medical aid. Another novelty is the fixed increasing coefficient which is applied if the harm is imposed on an under-age patient. Practical value: The theoretical provision formulated in the article can be applied in law-making and law-enforcement practice, as well as in the educational process of juridical educational establishments.https://www.rusjel.ru/jour/article/view/1224moral harmimproper medical aidsize of compensationforeign experience
spellingShingle D. A. Totochenko
COMPENSATION OF MORAL HARM DURING IMPROPER MADICAL AID IN RUSSIA AND ABROAD
Russian Journal of Economics and Law
moral harm
improper medical aid
size of compensation
foreign experience
title COMPENSATION OF MORAL HARM DURING IMPROPER MADICAL AID IN RUSSIA AND ABROAD
title_full COMPENSATION OF MORAL HARM DURING IMPROPER MADICAL AID IN RUSSIA AND ABROAD
title_fullStr COMPENSATION OF MORAL HARM DURING IMPROPER MADICAL AID IN RUSSIA AND ABROAD
title_full_unstemmed COMPENSATION OF MORAL HARM DURING IMPROPER MADICAL AID IN RUSSIA AND ABROAD
title_short COMPENSATION OF MORAL HARM DURING IMPROPER MADICAL AID IN RUSSIA AND ABROAD
title_sort compensation of moral harm during improper madical aid in russia and abroad
topic moral harm
improper medical aid
size of compensation
foreign experience
url https://www.rusjel.ru/jour/article/view/1224
work_keys_str_mv AT datotochenko compensationofmoralharmduringimpropermadicalaidinrussiaandabroad