Date of publication: 29 August 2024
Alla Tsymanovska, Attorney at Law
Source: Legal Industry Reviews
The practice of medical law in Ukraine began to develop relatively recently.
Looking back, about 5-7 years ago, positive court rulings in isolated cases of protecting patients’ rights in medical (doctor) malpractice cases gained public trust, leading to an increase in people seeking the services of medical lawyers.
In turn, the coronavirus epidemic, which began in 2019, significantly altered the landscape of medical law and the practice of medical lawyers. Amid the global health crisis, numerous new legal issues arose that required urgent resolution. Compliance with quarantine measures, vaccination, and risk management necessitated legal support.
Moreover, the full-scale war in Ukraine in 2022 became a catalyst for changes in the practice of medical law, opening new horizons for medical lawyers. This period demands new knowledge and awareness in the field of military medical law, especially in advising conscripts on existing health conditions and passing medical commissions, as well as on issues related to opening new medical and rehabilitation centers for veterans and establishing enterprises for the production of prosthetics.
Additionally, in 2024, new legislative changes were introduced regarding biological parenthood to preserve the gene pool of the Ukrainian people. This allows servicemen, particularly those without children, to preserve the possibility of becoming parents, even if they perish in the war. A special program has been created for this purpose, which provides for the collection of reproductive cells, their cryopreservation, and free storage under proper conditions for three years after the person’s death or declaration of death.
In my opinion, in 2024/2025, the practice of medical law will develop under the influence of several key trends that will shape its future development:
Telemedicine and Digital Health: The growing popularity of telemedicine leads to the need for regulation in this field. Legal aspects such as patient data protection, licensing of medical services, providing medical services through digital platforms, and liability issues for doctors who provide online consultations will become relevant.
Cybersecurity and Privacy: With the development of digital medical services, the importance of data protection increases. This includes ensuring confidentiality, protection against cyberattacks, and regulation of the exchange of medical data.
Artificial Intelligence in Medicine: The use of artificial intelligence for diagnostics and treatment presents new legal challenges. Key issues will include the ethical aspects of AI use, responsibility for decisions made by AI, and the need to create new legal frameworks to regulate this field.
Medical Liability and Insurance: The rise in lawsuits against medical institutions and doctors for errors or substandard treatment will create a need for improving the system of medical insurance and compensation for patient damages.
Pharmaceutical Market Regulation: There will be increased control over the production and distribution of medicines, particularly in the field of biopharmaceuticals and vaccines. Key issues will include the licensing of new drugs, drug accessibility, and price control.
COVID-19 Legislation: Despite the gradual decline of the pandemic, COVID-19-related legislation will continue to impact medical practice, especially in the areas of vaccination, public health monitoring, and restrictions that may be applied in the event of new disease outbreaks.
These trends require legal professionals in the field of medical law to constantly update their knowledge and prepare for new challenges arising from the development of medicine and technology, especially in the context of the war in Ukraine.
