PROFESSIONAL LIABILITY INSURANCE OF MEDICAL WORKERS IN THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2023_73_2_53Keywords:
medical workers, medical institution, patient, insurance, professional liability insurance of medical workers, professional liability, compensation, quality of medical servicesAbstract
The article is devoted to a close analysis of the legal prerequisites of the system of professional liability insurance of medical workers being introduced in the Republic of Kazakhstan. To achieve this goal, the authors conducted a review of the best world practices, foreign legal models of the use of insurance for legislative protection of medical workers from the risks of professional responsibility.
The article summarizes the material related to the legal basis of this type of insurance in the country, the procedure for insurance and compensation for damage caused, the scope of the powers and responsibilities of the parties involved in insurance. According to the plan, starting from 2023, it is proposed to introduce compulsory insurance at the expense of employers, and from 2025 – joint insurance, which provides for the distribution of the amount of the insurance premium between a medical organization and a medical worker, which will lead to general professional responsibility, will have a positive impact on improving the quality of services provided, will become an effective tool for reducing conflict in medical organizations.
Considerable attention is paid in the article to the models of professional liability insurance of medical workers in Turkey, Canada, Sweden. In this regard, the authors investigated the role of mutual insurance societies and specialized medical associations in concluding professional liability insurance contracts in these countries. This approach allows the authors to consider the possibilities of applying successful foreign practices in Kazakhstan and identify promising areas of their legal support.
The article reveals the problems of determining the maximum amount of the insurer's liability for an insured event at the initial stage of the introduction of the insurance system, procedural provision of insurance payments and other guarantees provided by law.
As a result of the study, the authors put forward a hypothesis about the need to consolidate the joint responsibility of a medical worker and a medical institution, which will ensure the mutual interest of all subjects of the healthcare system in providing quality services to the population.