Date of publication: 19 November 2024
Alla Tsymanovska, Attorney at Law
Source: Legal Industry Reviews
Medical practice is a unique field that directly affects individuals’ health and lives. Medical institutions’ responsibility for the quality of the services they provide remains a pressing issue in the context of protecting both patients’ rights and doctors’ interests. Healthcare standards violations can lead to serious legal consequences, including lawsuits.
Patients’ Right to Quality Medical Care
According to the Law of Ukraine “On the Fundamentals of Healthcare Legislation of Ukraine,” every patient has the right to quality and timely medical care. This right includes the provision of medical services in accordance with state standards, encompassing both diagnosis and treatment. Patients also have the right to informed consent for treatment. This requires providing complete information on diagnostic and therapeutic methods, possible risks, and consequences.
Despite the existing regulatory framework regarding patients’ rights, Ukraine still faces several issues related to their implementation. One of the main challenges is the lack of patient awareness of their rights. This limits their ability to defend themselves in cases of inadequate medical care. The absence of clear quality control mechanisms in many healthcare institutions also complicates patients’ ability to prove violations of standards. Furthermore, prolonged legal proceedings and the difficulty of obtaining compensation for health damage make patient rights protection less effective in practice.
Liability of Medical Institutions
Medical institutions are responsible for the proper provision of medical services, specifically for:
1. Violations of treatment protocols and standards.
2. Insufficient medical personnel qualifications.
3. Denial of care or improper organization.
4. Violations of licensing conditions.
The legislation provides for both administrative and criminal liability for medical institutions in cases where patients’ rights are violated.
Under Article 139 of the Criminal Code of Ukraine, evading medical care is punishable by the loss of the right to practice medicine or even imprisonment.
Article 140 of the Criminal Code of Ukraine provides for liability for the improper performance of professional duties by medical or pharmaceutical workers. If such misconduct leads to severe consequences, the healthcare professional may be disqualified from practicing for a certain period or permanently. In addition, the healthcare professional may face criminal liability in the form of imprisonment for up to five years.
According to Article 164 of the Code of Ukraine on Administrative Offenses, administrative liability may be imposed on medical institutions and individual medical workers. This is for violations of business operations. This applies in cases where activities are carried out without the proper license, in violation of licensing conditions, or where the license does not match the declared specialization.
Protection of Doctors’ Interests
Protecting doctors from groundless lawsuits is also an essential component of the healthcare system. This can be achieved through improved mechanisms for doctors’ professional liability insurance and legislative changes that address their professional responsibility. These changes would reduce the number of legal disputes and foster greater trust between patients and doctors.
It is necessary to clearly regulate the procedures for providing medical services, to establish mechanisms for insuring healthcare workers’ liability, to strengthen control over licensing requirements to ensure fairness in medical-legal disputes. Such an approach will not only protect patients’ rights but also ensure favorable working conditions for doctors.
