Authors : Yernar Shalkharov, Nurlan Batyrbaev and Erkin Dusipov
Abstract: Now a days, the medical claims are becoming popular in civil legal space of each country. That is why many branches of jurisprudence emerge. Such branches include the insurance of professional responsibility of health workers, the collecting proceedings in medical claims and the institute of compensation for moral harm which caused the damage of the health due to medical activities. All specified aspects are very important in synchronous development of medicine and law in case of techniques of interdisciplinary approach application. However, in order to actualize the new branches it is necessary to analyze and test the maneuverability of judicial proceedings in the court of first instance, appeal proceedings and the cassation. It is necessary to analyze the legal value of the evidentiary base, the degree of maneuverability of legal mechanisms, the risk of instability of claim satisfaction for the benefit of the party, the spatial dynamics of the judicial proceedings by analogy, the average indicator of the satisfaction of the parties of judicial proceedings and the index of refraction during judicial debate. The necessity of the research of such mechanisms is obligatory for the identification of the most important question in satisfaction of the claim for the benefit of the party how far the transaction between the parties in judicial proceedings is resistant to maneuvers in judicial space of medical legal relationship between the doctor and the patient. To understand this question it is necessary to consider a number of researches connected with a practical application of the methods in specific claims of the medical law with the purpose to identify a common denominator of the conflict.
Yernar Shalkharov, Nurlan Batyrbaev and Erkin Dusipov, 2016. The Protection of Medical Services Consumers in Contractual Relationship Based on Data of Claim Proceedings Within Dynamics of 10 Years. The Social Sciences, 11: 3758-3764.