To the Question of the Distribution of the Risk of Non-Achievement of the Result in the Sefre of Providing Medical Services

Abstract

The article analyzes the issues of risk distribution of failure to achieve results in the provision of medical services and concludes that the distribution of risks falls on the customer of such a service. The beneficial effect of the medical service is absorbed by the patient in its process. Despite the wording of the legislation on the protection of citizens’ health, quality assessment issues are solved not through the prism of determining the degree of achievement of any result, but through the ratio of performed actions (medical manipulations) in comparison with the prescriptions of the standard of medical care. The authors believe that the medical service itself never has a materialized result, the intangible result is also not guaranteed by the service provider, but only the proper fulfillment of the terms of the contract by him. It is revealed that the medical service does not have a materialized result, and the objects that are used in the process of medical manipulations arise from contractual relations and are used as things in the process of providing a medical service. It is concluded that such things become part of human tissues and organs as a result of their implantation and lose the properties of things, becoming an integral component of his body. The medical organization guarantees the proper performance of the service, which ensures a balance of interests of the participants in legal relations for the provision of medical services, in which each party is obliged to fulfill the terms of the contract properly.