Problems of observing the constitutional rights of citizens in the practical training of medical students

Abstract

The training of future medical workers is inextricably linked with their practical training, the formation of their professional competencies directly in contact with real patients. The participation of medical students in providing medical care to patients is associated with legal risks: violation of citizens' rights to dignity and personal integrity, interference with privacy, personal and family secrets. Based on the analysis of Russian legislation regulating the practical training of medical students, consideration of judicial practice on bringing medical organizations to legal responsibility for violating the constitutional rights of citizens during the practical training of medical workers, the problems of legal regulation of medical care to citizens with the participation of students are identified. Russian legislation regulates only the participation of medical students in the provision of medical care, the possibility of their presence at the same time is not defined by law. Legal uncertainty serves as the basis for not registering informed voluntary consent of patients to the presence of students in the process of providing medical care, which is also a legal risk. The identified legal risks of practical training of medical students can be prevented by improving the legal literacy of students, eliminating the legal uncertainty of legislation, timely conclusion of an agreement between an educational institution and a medical organization on the practical training of students, with the definition of the legal responsibility of the parties when a legal risk occurs.