The Right оf а Person to Medical Care іn Ukraine

Abstract

Topicality. The relevance of the problem considered in the article is caused by the absence of the definition of the legal status of the participants in the relationships between the medical institution and the patient, as well as the object of this relationship, and the content of the “medical error” concept.

The purpose of the article. The aim of the article is to examine the legal status of the participants to the said relations (the medical professional and the patient), to determine the object of such legal relations and to define what constitutes the so-called “medical error”.

Research methods. The article provides a general overview of the legislation regulating the provision of medical services. The main features that characterize the person as a patient under the contract for the provision of medical services are determined. The practice of national courts is analyzed in the article in order to identify common problems with the application of legislation on compensation for damage caused by a “medical error”. Apart from that, the author focuses on the legal status of the parties to the agreement on the provision of medical services.

Results. The provision of medical care and services is aimed at the preservation of human life and health, which benefits not only the interests of the patient himself and his family members, but also in the long run the interests of the state and society as a whole. The relations between the medical institution and the patient are governed first and foremost by the norms of civil law, which means that legal disputes arising out of these relations (e.g. if the patient is harmed due to his physician’s failure to exercise due care) are considered as civil cases. The findings propose to determine the legal status of the healthcare professional and the patient, as well as to ensure the mandatory professional representation of patients in cases of “medical errors”.