Subjects of civil-law responsibility for patient's bodily injury

The present article is devoted to consideration of subjectsof civil-law responsibility for patient's bodily injury. These relations are very topical today as the cases medical personnel injure patientsbecome more frequent. Subjects of civil-law responsibility for patient's bodily injury are medical organizations, private doctors andattending physicians. Medical organizations can both be private and public depending on the founder. Private medical organizations areformed by physical and legal entities. Public medical organizations are established by public authorities and local government. Publicmedical organizations are noncommercial legal entities created in the form of budgetary or independent establishments. The idea of thearticle is that medical organizations cannot be established as public enterprises. Private medical organizations can function both ascommercial and non-profit organizations. Special requirements for this occasion are not fixed in the legislation, therefore, generalprovisions of the Civil Code of the Russian Federation for legal entities are applied. Irrespective of form of ownership, in case of bodilyinjury medical organizations are prosecuted under provisions of the law ''On Consumer Rights Protection''. The legal status of theprivate doctor as a sole proprietor is considered. The legal status of the attending physician who actually injures the patient is defined.Besides, it is noted that the medical organization the doctor works for bears responsibility for their actions. However, the law establishesa possibility of accountability of the real offender. It is a regressive way of civil rights protection. Regress is the obligations connectedwith certain facts: one person is compelled to pay a sum of money to another person for the actions of a third party. This obligation doesnot always arise between the parties, for the doctor and the medical organization have labour contract relations. Therefore, the workercannot always be claimed fully financially obliged, only when specified in law.

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