Health Care Law at Russia
1. Case on Medical Malpractice and Patient Rights
Court: Supreme Court of the Russian Federation
Summary: A patient underwent surgery at a state hospital and suffered complications due to alleged negligence. The patient claimed that the hospital failed to follow proper medical procedures, resulting in permanent disability.
Legal Basis:
Federal Law No. 323-FZ “On the Fundamentals of Health Protection of Citizens in the Russian Federation” (2011)
Civil Code provisions on tort liability (Articles 1064–1083)
Outcome:
The court found the hospital partially liable.
Compensation was awarded to cover medical treatment and loss of earnings.
This case reinforced the principle that medical institutions must ensure procedural compliance and that patients have the right to claim damages for negligence.
2. Case on Informed Consent
Court: Moscow City Court
Summary: A patient underwent a high-risk treatment without signing an informed consent form. Post-treatment, the patient experienced severe side effects and sued the clinic.
Legal Basis:
Article 20 of Federal Law No. 323-FZ: Patients must give informed consent for medical procedures.
Civil Code: Liability for harm caused by unlawful actions.
Outcome:
The court ruled in favor of the patient, noting that the lack of proper consent made the treatment legally invalid.
The clinic had to pay compensation for physical and moral damages.
Importance:
This case emphasized the critical role of informed consent in Russian healthcare law.
Clinics are now required to document consent thoroughly to avoid liability.
3. Case on Access to Medicines and State Obligations
Court: Constitutional Court of the Russian Federation
Summary: A group of patients with rare diseases filed a complaint against the government for failing to provide access to essential medications through state programs.
Legal Basis:
Article 41 of the Russian Constitution guarantees the right to health protection.
Federal Law No. 323-FZ requires the state to provide essential medical care.
Outcome:
The Constitutional Court ruled that the state must ensure the availability of medicines for life-threatening conditions.
This case led to revisions in the federal drug supply program, prioritizing patients with rare diseases.
Significance:
Reinforced the principle that healthcare is a constitutional right in Russia and the state has an active duty to provide access to treatment.
4. Case on Confidentiality of Medical Information
Court: St. Petersburg City Court
Summary: A hospital disclosed a patient’s HIV-positive status without consent, leading to workplace discrimination.
Legal Basis:
Article 13 of Federal Law No. 323-FZ: Protection of medical secrecy.
Criminal Code: Unauthorized disclosure of private information can be prosecuted.
Outcome:
The hospital was found liable for violating medical confidentiality.
The patient received financial compensation and the staff responsible faced administrative penalties.
Importance:
Highlighted the strict legal protection of medical records in Russia.
Strengthened enforcement of privacy rights in healthcare institutions.
5. Case on Compulsory Vaccination
Court: Regional Court of Tatarstan
Summary: Parents refused to vaccinate their child against measles, citing personal beliefs. The local health authority imposed fines and restricted school enrollment.
Legal Basis:
Federal Law No. 52-FZ “On Sanitary and Epidemiological Well-Being of the Population”
Federal Law No. 323-FZ (Article 70): Children must receive vaccinations unless medically contraindicated.
Outcome:
The court upheld the fines and restrictions.
The ruling confirmed that public health interests can override individual preferences in vaccination matters.
Significance:
Established a precedent balancing individual rights with public health protection.
Key Takeaways from Russian Health Care Law Cases
Patient rights are strongly protected: informed consent, access to treatment, and confidentiality are enforceable.
Medical institutions bear strict liability: negligence or procedural failure leads to civil and administrative liability.
State duty in healthcare: Russia recognizes healthcare as a constitutional right, especially in access to essential medicines.
Public health vs. individual freedom: Courts tend to prioritize public health in matters like vaccination.
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