Law and modern medicine: issues and prospects

Abstract

Background. The study discusses the key problems of organizing healthcare in the Russian Federation, as well as the prospects for their legal resolution due to the emer-gence of innovative technologies (biomedicine, genomic medicine, digital medicine). The transformation of the principle of patient autonomy is considered under the influence of such factors as increased praticipality in the organization of medical care, a change in ap-proaches in budgeting a healthcare organization, and the emergence of legal obligations in the field of protecting the health of citizens. The purpose of the study is to conduct a sys-tematic analysis of the legal regulation of medical activities. The correction of the under-standing of medical intervention as a type of service is substantiated. At the same time, it is shown that the model of allocating medical services should not be considered as a down-playing of the importance of medical care. Materials and methods. Research problems were solved through scientific analysis of a wide range of sources on the legal regime of medical activities. The method of system analysis was used, thanks to which the basic problems that arise in the process of implementing the concept of “medical service” were investigated: rejection by the medical community; inconsistency of the courts in resolving cases on the protection of consumer rights in the field of medical care; the presence of significant excep-tions (providing emergency assistance to a suicide, artificial termination of pregnancy, or-gan donation, cosmetic surgery, reproductive technologies). Results. The features of digital-ization of the healthcare system are shown. The formation of huge amounts of information creates additional difficulties, but also opens up new prospects for the development of pre-ventive medicine. Conclusions. The threats that arise due to the formation of information resources in the field of healthcare by various non-governmental non-medical organizations are highlighted. The article presents recommendations for improving legislation in the field of healthcare.

Keywords

• law
• regulation
• medicine
• patient autonomy
• digital medicine
• biomedicine
• innovation