DEVELOPMENT OF THE LEGAL MECHANISM OF PROFESSIONAL LIABILITY INSURANCE IN THE MEDICAL BUSINESS: SEEKING A BALANCE BETWEEN THE INTERESTS OF PATIENTS AND PHYSICIANS

The thesis is devoted to the study of the development of the legal mechanism of professional liability insurance in the medical business, considered as a tool for balancing the interests of patients and physicians. Based on the analysis of the legislation of the Republic of Uzbekistan, including the Healthcare Development Concept 2019–2025 and the draft Law “On Medical Activities and Compulsory Professional Liability Insurance of Medical Workers,” as well as expert opinions of the National Chamber of Innovative Healthcare, key problems and directions of reform are identified. The paper provides a comparative legal study of international experience, including the practices of the United States, European countries, Scandinavia, New Zealand, and recent innovations in Kazakhstan. The results of the analysis show that effective professional liability insurance should ensure guaranteed compensation for patients while simultaneously protecting doctors from excessive risks and unfounded claims. It is concluded that Uzbekistan’s legal framework requires further refinement, including alignment with international models, limiting regress claims against physicians, establishing transparent compensation mechanisms, and possibly introducing a state guarantee fund. It is emphasized that the search for an optimal insurance model is a dynamic process requiring constant monitoring and dialogue between the state, the medical community, insurers, and patients.