Current issues of ensuring personal security in the provision of medical care

The state pays increased attention to ensuring personal safety in the provision of medical care by implementing phased transition rules for medical organizations to provide assistance based on clinical recommendations. Legislators and the scientific community continue to seek an optimal balance between public and private interests. Partial decriminalization of medical errors in the provision of medical care has become a starting point for rethinking approaches to medical interventions within the frameworks of mandatory and voluntary medical insurance aimed at ensuring safety and restoring violated rights. A sensible solution is to develop conditions for exempting medical workers from criminal liability when providing medical assistance in accordance with the note to Article 238 of the Criminal Code of the Russian Federation. A key condition should be the restoration of violated personal rights through compensation for harm caused. The subject of research includes legal foundations, practical tools, and scientifically justified strategies for minimizing risks to individuals during the provision of medical care. Additionally, problem aspects of medical assistance depending on the source of funding are explored, which is directly related to the further implementation of various types of legal liability in cases of violations of personal rights. Both general and specific scientific methods of cognition were used in the research. General methods include the dialectical method, systemic and comprehensive approaches; specific methods include formal-legal, comparative-legal, extrapolation, and others. It is concluded that there is a need for a combined application of biomedical legislation and norms of criminal and civil law. Exemption of medical workers from criminal liability under the Article 238 of the Criminal Code is possible upon fulfillment of two conditions: providing medical assistance in accordance with clinical recommendations and compensation for the harm caused. This measure will contribute to the formation of uniform practices regarding the guarantees of personal safety in the provision of medical assistance. The results obtained have scientific novelty due to the generalization of the intersectoral nature of ensuring personal safety in the provision of medical care, with a focus on legal means of restoring violated rights of patients/service recipients. The author's proposals have been applied in the activities of law enforcement agencies engaged in the implementation of criminal liability against medical workers, as well as within conferences aimed at raising awareness on the topic of the research.