Protecting the Rights of Medical Services Consumers

Abstract

The article aims to analyze the legal aspects of protecting the rights of medical services consumers by identifying the parties of legal relations, establishing the specifics of medical services, the elements of violations of patients rights, the procedure for protecting the rights of medical services consumers. The system of general scientific and special methods, including dialectical, axiological, formal and legal methods has been applied during the research. It has been indicated that primary (medical services consumers, an entity providing medical services) and auxiliary subjects participate in legal relations for protecting the rights of medical services consumers. It has been proved that legal relations for protecting the rights of medical services consumers are characterized by: relations arising and being implemented in the healthcare sector; participation of entities with a special status (patient – hospital) in legal relations; application of a set of norms of medical law and protection of consumers rights; the fact of medical rights violation. It has been concluded that the legal fact of violating a patient’s medical rights in the form of a medical tort is the reason for the emergence of legal relations for protecting the rights of medical services consumers.