On the insurance of professional liability of medical workers …

Today the deputies of the Mazhilis in the first reading approved the draft of law “On Amendments and Additions to Certain Legislative Acts on Health Issues”, which provides the introduction of professional liability insurance for medical workers.

The work of a medical worker is fraught with serious risks – the professional mistake which makes people suffer. Patients have become more aware of their rights. Their exactingness to the quality of medical services has increased. The reasons why the doctor did not cope with his duties often do not depend on him. For example, there are frequent cases of allergic reactions that are difficult to predict, or the implicit nature of the symptoms of the disease complicates the correct diagnostic, or the protocol for disease treating has changed due to scientific discoveries.

Medical personnel are subject to civil and criminal legislation in terms of sanctions for causing harm to health, property and moral damage to others. In most cases, the responsibility of the doctor is reduced to the payment of monetary compensation and non-pecuniary damage. But there are cases of deprivation of liberty and prohibitions to engage in professional activities. But there is a point to mark that 70% of such criminal cases are terminated due to the lack of fault of medical staff.

Basically, criminal cases starts against surgical specialists with a risk of death: obstetricians-gynecologists, surgeons, traumatologists, anesthesiologists.

Within the framework of insurance of professional liability system for medical workers, pre-trial settlement of the conflict (consideration of the complaint and making a decision on it) is expected with the involvement of independent experts and payment of compensation for the harm caused in the absence of direct intent – at the level of the medical organization.

If the patient disagrees, consideration of a case is realized at the level of the territorial subdivision of the Committee of medical and pharmaceutical activities, the conclusion of which is also subject to sending to the insurance company for refund the harm. If the patient/relative disagrees, apply to the court. Compensation for harm caused to the patient’s health by a medical worker will be carried out through existing insurance companies.

In this case, the employer is the insured, and the medical organization concludes a collective agreement with the insurance company.

 The bill provides for norms for the humanization of offenses for the improper performance of professional duties and the reduction of sanctions measures of an article of the Criminal Code.

It is proposed to reduce the amount of the fine and the term of arrest for unintentional infliction of medium and severe harm to health. In case of severe harm to the health or death of the patient, the deprivation of liberty should be replaced with a restriction of liberty with a review of the terms of punishment.

The bill is also aimed at raising of the status and social support of medical workers, conferring titles, and continuing to increase salaries in 2023.

The new approach will improve the quality of medical care, as well as the status of medical workers and, in general, will affect the rating of healthcare in the Republic of Kazakhstan at the international level.

From 2023, medical organizations themselves will conclude contracts with private insurance companies. Since 2025, insurance on a solidarity basis – a medical organization and a health worker. The insurance contract will be concluded for a year, during which the insurance company will cover all payments for medical incidents.