Analytical review of court decisions on claims of patients to medical organizations

Abstract

Introduction. The professional activity of medical workers is regulated by legislation aimed at reducing risks for patients. In recent years, the number of patient lawsuits against medical institutions has increased significantly. The main reasons for dissatisfaction with the quality of medical care are errors in medical documentation, medical errors and non-compliance with the principles of medical ethics. The analysis of judicial practice is important for optimizing court costs and resolving conflicts in a pre-trial manner.

The purpose of the study is to analyze the court decisions made on the claims of citizens to a medical organization on the quality and result of medical care.

Methods. The study analyzed 56 decisions of the courts of general instance issued over five years – from 2018 to 2022, in court proceedings in which clinical hospitals appeared as a defendant.

The main conclusions that can be distinguished from the analysis are that most cases involving compensation for moral damage from medical institutions are based on incorrect treatment, incorrect diagnosis or violation of the right to preferential medical services. In some cases, the courts take the side of the defendant, reject the claim or conclude a settlement agreement. In cases of defeat in court, hospitals pay moral compensation to plaintiffs in various amounts, from 2 thousand to 1.3 million rubles.