Medical disputes in civil proceedings: burden of proof and defense strategy

The development of the medical services market leads to a significant increase in the number of claims for compensation for harm to the life and health of a citizen and compensation for moral damage as a result of the provision of medical services of inadequate quality. The specifics of the provision of medical services complicate the process of proving the circumstances of harm to the patient's health during the trial. In the absence of sufficient regulation of the issues of judicial assessment of the evidence presented by the parties to such a dispute, difficulties arise in observing the principle of fair trial: the existing need to protect the constitutionally enshrined right of proper medical care competes with the right of a medical organization to refute its guilt in harming the patient's health as a result of providing medical services. The purpose of the presented study is to determine whether the existing legal regulation is sufficient for the fair resolution of disputes about harm to the life and health of a person as a result of the provision of medical services of inadequate quality. The scientific novelty of the presented research lies in the very formulation of the problem and the category of disputes on compensation for harm to life and health as a result of the provision of medical services is considered from the point of view of the effectiveness of existing approaches to determining the relationship on the provision of medical services arising between the parties to the contract, as well as the judicial assessment of evidence of harm.