The nature and scope of liability for harm to health is determined in accordance with Article No. 1085 of the Civil Code of the Russian Federation. If a person suffers damage in the form of injury or other impairment of his physical condition, then monetary compensation is required, which will compensate for:
- income or earnings lost in connection with the event that occurred or definitely possible if it had not occurred;
- expenses for treatment, dietary nutrition, purchase of medicines or consumables, prostheses, care and sanatorium-resort rehabilitation;
- the cost of special transport equipment necessary for such damage to health, such as wheelchairs;
- the price of paid retraining for another profession, if it is not possible to continue the previous activity.
If the court or pre-trial proceedings classify the action as causing harm to health, then we can talk about quite large amounts of payments.
In such cases, both the victim and the perpetrator need the help of a lawyer with extensive experience in cases related to social benefits.
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What is liability for causing harm to health or life?
Let's go from the general, because our Civil Code of the Russian Federation provides for a general rule on liability for harm caused and, according to Article 1064 of the Civil Code of the Russian Federation, harm caused to a citizen or his property is subject to compensation in full by the person who caused this harm.
That is, here I will immediately explain that if someone has caused harm to your health, no matter who this individual or legal (organization) person is, the harm must be compensated to you by the same culprit (the causer of the harm) and in full. In some cases, damages are not fully compensated; I will talk about this later.
Compensation for damage caused to health
Recovery of damages from a legal entity or individual
It is important here that compensation occurs if there is a culprit, his identity is established, and his guilt is proven. If, for example, you were hit by a car, your arm or leg was broken, the driver did not leave the scene of the accident, then in this case the citizen driving the vehicle is held liable, and if the car belongs to a legal entity, and the driver performed work duties while driving, then he is held liable You can involve a legal entity. In any case, in order for you to be compensated for the harm, there must be a culprit, his guilt must be proven, these are two mandatory factors.
The opposite situation, you were crossing the road, you were hit by a car, the culprit disappeared, he was not found, and in such a situation there is no one to compensate for the damage caused to your health, since the culprit has not been identified. In such a situation, compensation for harm caused to health is possible only if you have insured your life or health against such situations.
Know that in 100% of cases, the victim is obliged to provide evidence confirming the fact of causing harm, the amount of harm caused must also be clearly defined and there must be indisputable evidence that a specific person (the defendant) is the causer of harm. In turn, the causer (the person guilty of causing harm) is not deprived of the right to provide evidence of the absence of his guilt in causing harm.
Based on the same Article 1064 of the Civil Code of the Russian Federation, the person who caused the harm is released from the obligation to compensate for the harm if he proves that the harm was caused through no fault of his own.
However, the absence of guilt does not always guarantee exemption from liability, because the topic of compensation for harm caused to health seems simple and understandable only at first glance; in fact, such cases are finally resolved only within the framework of a court hearing, but you must know what you can count on. Thus, on the basis of Article 1079 of the Civil Code of the Russian Federation, the obligation to compensate for harm is provided even in the absence of obvious guilt of the causer, if the harm was caused as a result of activities related to the operation of objects creating an increased danger to others or work associated with an increased danger to others, and in such cases relate:
- Driving vehicles (civilian vehicles, special equipment, other vehicles and wheeled vehicles);
- Dangerous mechanisms;
- Electric Energy;
- Atomic Energy;
- Explosives;
- Potent poisons;
- Construction and other related activities.
As I have already said, liability for causing harm is borne either by a legal entity or an individual in whose possession the source of increased danger is located (on the right of ownership), also on the right of economic management, operational management, or on another legal basis, which may be the right of lease, power of attorney, order of any body to transfer a source of increased danger to an individual or legal entity.
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With this paragraph, we can conclude that if the act as a result of which harm was caused is not classified as a criminal offense, then the harm is compensated in a civil manner, by filing a claim for compensation for material damage in court with an attached calculation of the amount of damage (prepared by relevant experts ), as well as evidence of the fact of damage.
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The concept of harm caused to life and health
To begin with, let’s define the concepts: harm caused to the patient’s life is undoubtedly the occurrence of his death, and harm caused to his health is expressed in causing him injury or mutilation.
A more complex (legal) concept of harm caused to health is contained in the Rules for determining the severity of harm caused to human health, approved by Decree of the Government of the Russian Federation of August 17, 2007 No. 522, according to which harm caused to human health is a violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and mental environmental factors. But for convenience, we will use the simpler concept of harm to health given above.
Can the person causing harm to health be completely exempt from liability?
In answer to this question, I will say YES, it can, but only if there is indisputable evidence of the fact that a source of increased danger has been disposed of due to illegal actions of third parties (theft, forced seizure). In such a situation, responsibility for the harm caused will be assigned to the person who unlawfully took possession of the source of increased danger. However, not everything is so simple, because if it is established that the owner committed negligence as a result of which the unlawful taking of a source of increased danger occurred, then in this case liability will be assigned to both the owner himself and the person who unlawfully took possession of the source of increased danger.
In what cases is damage subject to compensation even in the absence of fault?
Damage is compensated in case of illegal conviction, criminal prosecution, illegally applied preventive measure in the form of detention and recognizance not to leave, if illegally brought to administrative responsibility in the form of arrest, if damage was caused as a result of illegal involvement of a legal entity to administrative liability in the form of administrative suspension of activities on the basis of Article 1070 of the Civil Code of the Russian Federation.
The seller or manufacturer of the goods, regardless of the presence of fault, as well as persons who provided services or performed work, compensate for harm caused to the life or health of a citizen, due to the presence of design defects, prescription defects, other defects of any categories of goods, as well as defects in the work or services provided. services, as well as harm caused as a result of insufficient information about a product, work or service, on the basis of Article 1095 of the Civil Code of the Russian Federation.
It is worth noting that if harm was caused and the victim had the intention of causing harm to himself, then such harm is not subject to compensation on the basis of Article 1083 of the Civil Code of the Russian Federation and the most striking example here would be deliberately throwing himself under a car and if this maneuver is recorded on a video camera , then in this case there is no chance of compensation for harm.
There is also such a concept as gross negligence of the victim, for example, when the victim himself acted with gross negligence, which led to harm to health and at the same time, in theory, there is no fault of the perpetrator, but even in this case, regardless of the guilt of the perpetrator, the harm must be compensated, although there is no such concept in law as gross negligence, but here everything is at the discretion of the court, which I told you at the very beginning, because such cases are decided exclusively in court. Here, negligence means that the victim was under the influence of alcohol or drugs, and in this state, for example, he crossed the road at night at a red light or in the wrong place. But this does not mean that the driver is right, because on the basis of Article 1083 of the Civil Code of the Russian Federation, the damage in this case is still compensated.
Who will compensate for the harm caused by a minor?
According to Russian legislation, a child under the age of 14 is considered a minor, and in such a situation, his parents (legal representatives), guardians, educational or medical institutions in which the child was staying at the time of the harm are responsible for the harm caused by a minor child. If a child is without parental care, then the institution in which the child is placed is responsible for him, but again, liability occurs if it is proven that the harm was caused precisely through their fault; if there is no evidence, then responsibility for the harm does not occur.
The situation with the institutions in which the child was located is as follows: they are responsible for the entire time during which the child was under their supervision, and any institution in which the child was located must supervise the child all the time while the child was with them. An example with school is when a child stays for a certain time until all the lessons or kindergarten are over, until one of the parents picks him up.
If harm is caused to minors aged 14 to 18 years, then in this case these persons bear independent responsibility for their actions, but if these persons do not have their own independent income, then in this case the harm is compensated by their parents, guardians, organizations in which they are placed child, again, compensation occurs only if the guilt of certain persons is proven; if guilt is not proven, then there will be no compensation. Compensation for such damage occurs on behalf of the child by the above-mentioned persons until he reaches the age of 18 years.
Assessing the severity of harm
So, harm has been caused to the patient’s life or health. However, the fact of harm is obvious and understandable primarily (and sometimes only) to the patient. In practice, the plaintiff (patient) needs to prove the existence of such harm to health in a legal context. In order to compensate for harm, it is necessary to establish the degree of its severity (three degrees of severity of harm) based on medical criteria (Order of the Ministry of Health and Social Development of Russia dated April 24, 2008 No. 194n). Determining the severity of harm is the task of a forensic medical examination and is determined by a doctor - a forensic medical expert.
It is necessary to understand that, despite the fact that the harm is caused to life or health, which acts as an intangible benefit, it is compensated in the monetary equivalent of the losses caused by it.
Compensation for property damage caused to health
Compensation for property damage caused to the patient’s health consists of:
- The earnings (income) he lost, which he had or definitely could have had,
- Additional expenses incurred due to damage to health, including expenses for treatment, additional food, purchase of medications, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, preparation for another profession (if it is established that the victim needs these types of assistance and care and is not entitled to receive them free of charge).
Compensation for property damage caused to life
Compensation for property damage caused to the patient’s life is compensated in the amount of the share of the earnings (income) of the deceased that persons entitled to receive it (more about them below) received or had the right to receive for their maintenance during his life. When determining compensation for damage to these persons, the income of the deceased, along with earnings (income), includes the pension, lifelong maintenance and other similar payments received by him during his lifetime.
In the event of the death of the victim (breadwinner), the following have the right to compensation for damage:
- Disabled persons who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death;
- A child of the deceased born after his death;
- One of the parents, spouse or other family member, regardless of his ability to work, who does not work and is busy caring for the deceased’s dependent children, grandchildren, brothers and sisters who have not reached fourteen years of age or, although they have reached the specified age, but according to the conclusion of medical authorities those in need of outside care for health reasons;
- Persons who were dependent on the deceased and became disabled within five years after his death.
In addition, the clinic, through whose fault the patient’s death occurred, is obliged to reimburse the necessary funeral expenses to the person who incurred these expenses (usually relatives).
Evidence in consumer claims
When considering consumer claims filed in violation of the requirements of the Law of the Russian Federation of 02/07/1992 No. 2300-I “On the Protection of Consumer Rights”, the burden of proof is partially redistributed.
Paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” contains the following explanation regarding the distribution of the burden of proof in cases of consumer protection: when resolving consumer claims, it is necessary to take into account that the burden proving circumstances that exempt from liability for non-fulfillment or improper fulfillment of an obligation, including for causing harm, lies with the seller (manufacturer, performer).
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Compensation for moral damage
As for compensation for moral damage, which is understood as physical or moral suffering caused as a result of certain actions that violate personal non-property rights or encroach on owned intangible benefits (Article 151 of the Civil Code of the Russian Federation), it is compensated by the court only if the medical organization is at fault as the cause of harm .
When determining the amount of compensation for moral damage, the court takes into account the degree of such guilt and other circumstances worthy of attention. The court also takes into account the degree of physical and moral suffering associated with the individual characteristics of the citizen who suffered harm.
Thus, compensation for harm to the life and health of a patient by a medical organization is quite possible. However, before going to court, the patient should realize that circumstances that seem obvious to him require legal argumentation. For this purpose, it is more advisable to contact professional lawyers specializing in medical cases, medical lawyers.
