[MORAL DAMAGE IN MEDICINE (REVIEW)]

The purpose of the article is to conduct a comprehensive analysis of the theoretical and practical aspects of compensation for moral damage caused to an individual in connection with the treatment or provision of other medical services. The theoretical and legal grounds for moral damage in the medical sphere were investigated in accordance with the legislation of Ukraine, Hungary, Slovakia, Czech Republic, England, Sweden, and New Zealand. The practical experience of compensation for moral damage inflicted by medical workers was summarized on the basis of an analysis of cases that were considered by the European Court of Human Rights. In particular, 15 cases have been investigated, which clearly indicate that the court makes a lawful decision in favor of victims and awarding compensation to them for moral damage. According to the results of the study, the main shortcomings in the Ukrainian legislation on the compensation of moral damage in medicine were identified. In particular, there is proved the imperfection and collision of the normative base, which requires unification. A significant disadvantage is the lack of any criteria and limits in the legislation of Ukraine for determining the amount of inflicted moral damage. The necessity of introducing into the legal system of Ukraine the mechanisms for ensuring the implementation of compensation for moral damage caused by the provision of paid medical services is substantiated. In the context of this, it is proposed to create a special insurance fund for insurance payments, as well as to introduce the practice of conducting psychologico-psychiatric and psychologico-medico-psychiatric examinations to confirm the fact of causing moral harm.