LEGAL ASPECTS AND PRACTICAL MECHANISMS FOR COMPENSATING HARM IN THE PROVISION OF MEDICAL SERVICES

Abstract

This thesis explores the legal framework and practical mechanisms for compensating harm incurred by patients within Uzbekistan’s health‑care system. Against a backdrop of ongoing health‑care reforms, expanding private medical practice, and heightened consumer awareness, the study analyses statutory guarantees—primarily the Law “On the Protection of Citizens’ Health” and the Civil Code—that secure patients’ rights to bodily integrity, dignity, and full restitution. The research classifies types of harm (physical, psychological, moral, and pecuniary), distinguishes forms of fault (intent, negligence), and systematises medical errors (diagnostic, therapeutic, organisational, tactical, technical). Particular attention is given to evidentiary standards: establishing causation, expert medical opinions, and documentation requirements. Doctrinal analysis is complemented by case‑law review to highlight judicial approaches to quantifying material losses and moral damages, as well as the emerging trend toward stricter liability for healthcare providers and institutions. The thesis also addresses novel challenges such as data‑privacy breaches and “digital harm” resulting from electronic health‑record failures. Based on comparative insights and empirical findings, the paper proposes refinements to Uzbekistan’s compensation procedures—emphasising transparency, patient‑centred justice, and alignment with international best practices—to strengthen public trust and ensure effective redress.