Constitutional right of cardiovascular patients to health care: legal regulation and guarantees of implementation
https://doi.org/10.15829/1560-4071-2022-4863
Abstract
Aim. To identify the most significant aspects and features of the right of cardiovascular patients to health care, as well as to assess its guarantee and characterize most common legal precedents with violations.
Material and methods. In preparing the article, documents of international law, Constitution of the Russian Federation, primary and secondary federal legislation in Russia, as well as judicial practice materials were used. For their analysis, dialectical, system structural, technical legal, comparative legal research methods were used.
Results. We established that in the Russian Federation there is a very extensive legal framework for regulating the right to health protection and health care. At the same time, the relevant legal acts establish both general (addressed to all individuals) and special (relevant only to cardiovascular patients) guarantees for cardiovascular health care. The scope and content of the legal regulation of guarantees of the right to cardiology healthcare should be generally considered sufficient for the protection of this right. However, judicial practice testifies to the facts of violation of the personal rights in the cardiac care provision.
Conclusion. The most resonant and often reported violations of personal right to health protection in a cardiology are the ones of persons with acute coronary syndrome because of their very dangerous consequences.
References
1. Litovkina MI, Kolesnikov EV. The right to health care and medical care in the Russian Federation as a constitutional value. Law and politics. 2016;2:167-77. (In Russ.) doi:10.7256/1811-9018.2016.2.15513.
2. Timofeev IV. Medical care availability and quality: Constitutional and legal evaluations. SPb.: DIK. 2019. p. 77-164. (In Russ.) ISBN: 978-5-9939-0015-5.
3. Shkitin SO, Berseneva EA, Shkitin VA, et al. Analysis of implementation effectiveness of the system of the medical care quality management in acute cardiovascular disease. Bulletin of Roszdravnadzor. 2018;(2):74-9. (In Russ.)
4. Sergeev YuD, Bisyuk YuV, Verikovsky VA. Defects in the provision of medical care to patients with acute coronary syndrome (medical and legal aspects of the problem). Medical Law. 2019(3):31-8. (In Russ.)
5. Kushch OV, Makarov SA, Artamonova GV. Management of defects in medical care in acute coronary syndrome. Bulletin of Roszdravnadzor. 2019;(1):41-6. (In Russ.)
6. Florya VN. On the issue of improper provision of cardiological (cardiosurgical) care. Medical Law. 2011;(1):43-6. (In Russ.)
7. Sergeev YuD, Bisyuk YuV. Improper provision of medical care. M.: Author’s Academy. 2008. p. 418-23. (In Russ.) ISBN: 978-5-87317-459-1.
Supplementary files
Review
For citations:
Alebastrova I.A. Constitutional right of cardiovascular patients to health care: legal regulation and guarantees of implementation. Russian Journal of Cardiology. 2022;27(9):4863. (In Russ.) https://doi.org/10.15829/1560-4071-2022-4863