Author

GOROVENKO S.V.

Title of article

ADMINISTRATIVE LIABILITY FOR VIOLATION
OF THE REQUIREMENTS OF THE LEGISLATION ON OBTAINING
INFORMED VOLUNTARY CONSENT TO MEDICAL INTERVENTION

Section

Section 3. Administrative delictology

Issue, year

2 (48) 2019

Abstract

According to the current legislation, the obligatory condition for the implementation of medical intervention is obtaining the relevant informed voluntary consent from the citizen. At the same
time, the legal significance of such consent has not been fully determined, that affects the possibility of bringing medical professionals to administrative responsibility for violation of the requirements for
obtaining informed voluntary consent. Informing the citizen about the objectives, methods of providing medical assistance, the risk associated with them, as well as about possible medical intervention, its
consequences and the expected results of providing medical care is carried out orally in most of the cases, but the written form is also possible at the request of the citizen. In this regard, the administrative
and legal means of ensuring such a requirement are considered. The problem of failure to provide emergency medical care in case of refusal of medical interventions is analyzed. In particular, it is noted
that the failure to provide emergency medical care to a person who is not able to provide informed voluntary consent on the basis of the refusal of it is a normative conflict and, essentially, legalization
of complicity in causing injury or death to such person.

Keywords

administrative responsibility; administrative offence; medical intervention; informed voluntary consent; medical care.

References

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