Pre-Litigation Resolution of Medical Disputes

Based on foreign research, domestic judicial practice, statistical data, and survey results, the author concludes that factors not constituting the direct subject of judicial examination nevertheless play a significant role in medical disputes subject to pre-litigation resolution. Patients do not consider their rights to be protected if they have not received an apology in cases of rights violations, and they regard the adoption of measures to prevent similar errors as necessary. Thus, in medical disputes, the protection of public and societal interests is of particular importance, being connected to the objective of eliminating medical errors affecting third parties in the future. In foreign legal systems, similar issues are addressed through the introduction of out‑of‑court dispute resolution mechanisms. The examined systems share the following characteristics: private procedures for resolving medical disputes operate as specialized institutions; arbitrators include both legal professionals and physicians; information regarding the conflict and the outcome of its resolution is communicated to persons authorized to make decisions concerning the professional activities of physicians (such as licensing their practice). The study identifies specific features of mandatory and optional claim procedures in medical disputes in Russia and highlights the challenges of pre‑litigation resolution of claims for compensation for moral damages. At present, patients tend to prefer addressing supervisory authorities. The author proposes the establishment of a unified out‑of‑court procedure for dispute resolution, which would require the creation of specialized regional commissions funded through contributions from insurance and medical organizations, and outlines proposals for the organization and functioning of such commissions.

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