CLINICAL RECOMMENDATIONS IN THE MECHANISM OF BRINGING TO CIVIL LIABILITY FOR IMPROPER FULFILLMENT OF OBLIGATIONS TO PROVIDE MEDICAL SERVICES

The article discusses the legal nature of the clinical guidelines used in the provision of medical care (in fulfilling the obligation to provide medical services). The article refutes the qualification of clinical recommendations as a normative source (custom, «soft law», etc.). It is proposed to consider following clinical recommendations solely from the standpoint of the conditions of civil liability of a medical organization for inadequate quality of medical services. The importance of using clinical recommendations is seen as a criterion of the prudence and care of the medical organization when choosing a treatment option, which implies in certain cases the refusal to use such recommendations. It is concluded that it is necessary to renounce the innocent responsibility of a medical organization in both contractual and tort relationships