Subjects of Obligations for Compensation of Harm to Health of a Patient, Owing to Rendering Medical Services
Delictual responsibility in obligations for compensation of harm to health of a patient, owing to rendering medical services is considered. The subjects of delictual obligations are defined when rendering medical services. The subjective duty on compensation of harm which lies on the debtor is analyzed. As a debtor in obligations for compensation of harm when rendering medical services only special subjects act. The legal status of medical workers in obligations for compensation of harm to health reveals when rendering medical services. The actual causer of harm is the employee of the medical organization. Actions of such workers are considered as actions of the most medical organization. It is summarized that the debtor in obligations for compensation of harm when rendering medical services is always a medical organization, except the cases of rendering medical service by an individual entrepreneur. At joint infliction of harm to health of a patient by individual entrepreneurs - needs to apply the rule about joint liability. In case of infliction of harm to health by several medical organizations, joint causing isn't formed. It comes to light that on the side of the creditor (victim) is only a natural person to whom when rendering medical services by actions (non-actions) of a medical worker harm to health was done. Plurality of subjects on the party of the creditor isn't formed, but several patients can have requirements at the same time to the same debtor. It is defined that such requirements will be isolated even if they are shown at the same time. The conclusion is drawn that in obligations for compensation of harm to health when rendering medical services the circle of subjects is strictly defined and in cludes the debtor and the creditor. The medical organizations or individual entrepreneurs who are carrying out such activity on the basis of the license, and on the party of the creditor (victim) only natural persons can be debtors in obligations for compensation of harm to health when rendering medical services