Medical professional liability insuarance


  • Olena Faiier PhD in Law Associated Professor of International Relationships, International Information and Safety Department V.N. Karazin Kharkiv National University, Ukraine, Ukraine



professional liability, medical professional, medical professional liability insurance


The aim of the study is to form an integrated approach to understanding the context and legal necessity of medical professional liability insurance.

The methodological basis of the study is a set of scientific techniques and methods of scientific knowledge, including dialectical, historical-legal, logical-legal, system-structural, method of forecasting and comparative jurisprudence. Dialectical method has provided opportunities to analyze scientific positions regarding the content and development of medical professional liability insurance. Historical-legal method helps to study the genesis of the development of insurance in specific historical and legal situations, the development of theoretical scientific thought and legislation. The method of comparative law is used to study the legislative and regulatory acts of Ukraine and other countries in the world as well as to clarify the advantages and disadvantages of the mechanism of legal regulation the insurance of medical professional liability in various countries in the world. Systemic and structural methods have helped to clarify the content of the contracts connected with this kind of insurance. Formal-logical method has allowed analyzing the provisions of the legislation of Ukraine in the sphere of this type of insurance.

Results. This study contains a comprehensive scientific analysis of modern problems of medical professional liability insurance. The elements of the medical professional liability insurance contract are defined, namely: subject matter, insured, beneficiary, insurance risk, insurance event, conditionals of insurance compensation payment. It is stipulated that medical professional liability insurance contract shall have separate grounds for refusal to pay insurance compensation, inherent only to this type of insurance. It is shown that this type of insurance helps to manage the risks in medical practice activities. The concept of this type of insurance has been researched. The conditions to terminate the medical professional liability insurance have been identified.

Conclusions. Having considered the issues of medical professional liability insurance and examined the conditions of the medical professional liability insurance contract, it has been made a conclusion that it is necessary to introduce this type of insurance as mandatory for healthcare institutions and private practitioners. It has been proposed to introduce compulsory medical professional liability insurance by approving necessary alterations the valid legislation.


Insurance Act of Ukraine, 2021. Dated on November 18, 2021 № 1909-IX [in Ukrainian].

Fundamentals of Ukrainian legislation on health care, 1992. Dated on November 19, 1992 № 2801-XII [in Ukrainian].

Drozd I.M., (2007) Strakhuvannia profesiinoii vidpovidalnosti medychnykh pratsivnykiv [Medical professional liability insurance]. Nauka i Ekonomika Наука. № 1, 85–90 [in Ukrainian].

Civil Code of Ukraine, 2003. Dated on January 01, 2003 № 435-IV [in Ukrainian].

Antonov S.V., Meliushcheva M.A., (2008) Strakhuvannia profesiinoii vidpovidalnosti medychnykh pratsivnykiv: rozkish chy nahalna potreba? [Medical professional liability insurance: luxury or necessity?] Upravlinnia zakladom okhorony zdorovia. № 7, 18–26 [in Ukrainian].

Hurianova S., Smolych D., (2008) Vid likarskoi pomylky mozhna zasreakhuvatys [It is possible to insure medical errors] Dermatolohiia ta venerolohiia. № 3 (41), 66 70 [in Ukrainian].

Buletsa S.B., (2022) Osoblyvosti strakhuvannia profesiinoii vidpovidalnosti medychnoho pratsivnyka [Peculiarities of medical professional liability insurance]. Analytical and comparative jurisprudence. № 3, 121–126 [in Ukrainian].

Faiier, O., Arefieva, O., Miahkyk, I., Babko, N., Kuskova, S., Khloponina-Gnatenko, O. (2019). Risk management in the sphere of state economic security provision using professional liability insurance. Global J. Environ. Sci. Manage., 5(SI): 51–60 [in English].