SUBJECTIVE SIGNS OF SOCIALLY REASONABLE RISK IN THE SPHERE OF MEDICAL ACTIVITY

Abstract

The subjective signs for one of the circumstances, excluding the act of
crime which is the reasonable risk in medical sphere are considered in the
article. Medical care is often connected with the necessity of risky actions.
Doctors become prisoners of their own profession without the right to risk,
even for their patients’ lives. The subjective signs of reasonable risk are mostly
connected with the health-care worker’s understanding to take sufficient
measures in order to prevent the harm in the medical activity. It is necessary
to proceed not from objective, but from subjective criteria of this sufficiency.
Moreover, establishment of the socially useful purposes, as a condition of
lawfulness of reasonable risk at performing esthetic surgery operation, is also
problematic. It is necessary to make better regulation for reasonable risk in
medical sphere in particular.