Specificity of delictual legal relationship in case of poor-quality prenatal diagnostics services (civil, political, and legal aspects)

K.V. Egorov a,b*, E.S. Egorova b**

aKazan Federal University, Kazan, 420008 Russia

bOOO “StroyCapital”, Kazan, 420021 Russia

E-mail: *kegorov81@gmail.com, **ora.et.labora827@gmail.com

Received February 26, 2018

Full text PDF

Abstract

This paper addresses the issues of the delictual (tort) liability for the poor-quality provision of prenatal diagnostics.

The relevance of the research can be explained as follows: the issue of recovering the expenses for lifelong treatment and caring for a child born with the pathologies that had not been revealed by prenatal diagnosis of the child’s mother has been considered for the first time in Russian science. This problem is important not only for science and practice, but for every person who can face the birth of such a child.

In the course of the research, the following main result has been obtained: it is possible to recover the expenses for lifelong treatment and caring for a child born with the pathologies that had not been revealed by prenatal diagnosis of the child’s mother.

In addition, the analysis of the features of the conditions for the delictual liability for this kind of poor-quality medical service provision has allowed to identify the liability limits.

The results of the research play a significant role for development of the Russian judicial practice. One of the conclusions is that there has been no a single claim for the recovery of the expenses for lifelong treatment and caring for a child born with the pathologies that had not been revealed by prenatal diagnosis of the child’s mother. At the same time, state benefits are often not enough to treat such a child and care properly for it. As a result, this paper opens the way for a new direction of judicial practice. This direction can offer new opportunities for children born with  the pathologies that had not been revealed by prenatal diagnosis and for their parents.

Keywords: civil liability, prenatal diagnostics, delictual (tort) liability, expenses for treatment and care for child throughout their life, poor-quality medical service, causing harm, unlawfulness, guilt, causal link

References

  1. Egorov K.V. Pravomernyi vred v meditsine [Legal Harm in Medicine]. Moscow, Statut, 2011. 173 p. (In Russian)
  2. Shevchuk S.S. Personal non-property rights of citizens in the field of medical services under the civil legislation of Russia. Cand. Leg. Sci. Diss. Rostov-on-Don, 2005. 419 p. (In Russian)
  3. Tikhomirov A.V. On the issue of obligations due to bringing harm to health while providing medical services. Zakon i Pravo, 2001, no. 8, pp. 24–33. (In Russian)
  4. Meinung der Richter Hirsch, Niebler und Steinberger zu Entscheidungen des Bundesverfassungsgerichts (BVerfGE). Neue Juristische Wochenschrift, 1979, H. 38, S. 1925–1932. (In German)
  5. Egorov K.V. Specifics of civil liability for defects of prenatal diagnostics. Uchenye Zapiski Kazanskogo Filiala Rossiiskogo Gosudarstvennogo Universiteta Pravosudiya, 2016, vol. 2, pp. 115–118. (In Russian)
  6. Vasil’eva E.E. The contract of paid medical services under the legislation of the Russian Federation. Cand. Leg. Sci. Diss. Tomsk, 2004. 202 p. (In Russian)
  7. Aleksandrova O.Yu., Grigor’ev I.Yu., Lebedinets O.N., Timoshenkova T.V. Quality of medical treatment: Legal assessment. GlavVrach, 2009, no. 9, pp. 63–72. (In Russian)

 

For citation: Egorov K.V., Egorova E.S. Specificity of delictual legal relationship in case of poor-quality prenatal diagnostics services (civil, political, and legal aspects). Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2018, vol. 160, no. 2, pp. 375–385. (In Russian)

 

The content is available under the license Creative Commons Attribution 4.0 License.