The Quality of Medical Care and the Quality of Medical Services under the Legislation of the Russian Federation: General and Different

Abstract

The article is devoted to theoretical and practical problems of distinguishing the concepts of “medical services” and “quality of medical services”, which in turn is important for clarifying the relationship between the concepts of “quality of medical services” and “quality of medical care”, as well as for distinguishing contractual and tort liability of medical organizations for the quality of medical services. Based on a comparison of the legislation on the provision of services, on health protection, on consumer protection and taking into account its interpretation given by the highest judicial authorities, the author comes to the conclusion that the subordinate regulatory legal acts on the provision of medical services are not in full compliance with the legislation on consumer rights, recommends using the experience of health authorities and the system of compulsory medical insurance for the examination the quality of medical care during the consideration of criminal and civil cases by the courts, related to the violation of the requirements for the quality of medical care.