Open AccessTHE INVALIDITY OF CONTRACTS IN THE FIELD OF MEDICAL SERVICES AS A WAY TO PROTECT THE RIGHTS OF THE PATIENT
Author(s) -
Roman Tashian
Publication year - 2021
Publication title -
wiadomości lekarskie
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.133
H-Index - 14
eISSN - 2719-342X
pISSN - 0043-5147
DOI - 10.36740/wlek202111224
Subject(s) - restitution , tort , harm , business , statutory law , compensation (psychology) , law , law and economics , political science , liability , economics , accounting , psychology , psychoanalysis
The aim of this article is to reveal the essential features of contracts providing medical services. The author also focused on the grounds for the invalidity of such contracts – entering into medical services contract without license or permission, prohibition of some medical services or methods of treatment, the imposing of unnecessary medical services, a contradiction to corporate regulations, fraud. A significant part of the work is devoted to the consequences of the invalidity of the contract – the restitution of the money received under the contract and compensation of harm.Materials and methods: The study is based on the statutory acts of European Union countries, the USA, and others. The author also uses acts of international law in the field of medical services and cases of court practice.Conclusions: Although the invalidity of contracts in the field of medical services is not one of the most common ways to protect a patient’s rights, it is in many cases essential to the reliable delivery of medical services. The patient has the right to initiate a legal dispute regarding the invalidity of the contract. The restitution of the money paid by the patient, as well as compensation for the harm caused, can be applied not only within the framework of tort law but also under the responsibility for the breach of the contract.