SUBMODULE 9.1. LEGAL PRINCIPLES OF HEALTH CARE PRACTICE
Medical practice guidelines
According to Art. 41 of the Constitution of the Russian Federation, "Everyone has the right to health care and medical care. Medical assistance in state-funded and municipal health care facilities is provided to citizens free of charge from the funds of the relevant budget, insurance premiums, and other income".
Basic principles of the functioning of health care institutions and their personnel in practical implementation of the above mentioned constitutional right of citizens are stipulated in the Fundamentals of the Legislation of the Russian Federation on the Protection of Health of Citizens (1993), the RSFSR Law "On Sanitary and Epidemiological Welfare of the Population" (1991), the Law of the Russian Federation "On Organ and/or Tissue Transplantation" (1992), the Law on Medical Insurance of the Citizens in the RSFSR (1992), the Russian Federation Law "On the Protection of Consumer Rights" (1992), and others.
Forensic examination in case of professional offence committed by heath care workers
The reason for holding health care workers liable is the claim of the patient or his/her relatives. To avoid unfounded accusations of a health care worker, there is a specific procedure for criminal case initiation in case of professional misconduct of a health care worker. Prior to institution of criminal proceedings
on the revealed gross errors and defects in health care provision, a special departmental committee is set up to carry out an internal investigation at the level of the district, city and another superior health authority. The departmental committee investigates the original medical records analyzing the specific adverse outcome. The offence is identified by comparing the existing standards of patient care with this diagnosis and specific treatment administered in the analyzed case. In addition to that, the committee examines the availability of consent forms, contracts, information on the risk of adverse outcomes associated with various interventions performed by various specialists.