The Right оf а Person to Medical Care іn Ukraine

Authors

  • Yurii Prytyka Taras Shevchenko National University of Kyiv, Ukraine
  • Tetiana Nikitina Taras Shevchenko National University of Kyiv, Ukraine

DOI:

https://doi.org/10.21564/2414-990X.158.263078

Keywords:

medical law, patient, medical error, contract for medical care

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”.

References

Gonzalez, B. (2019). When tort falls short: crisis, malpractice liability, and women’s healthcare access. Columbia Law Review, 119(4), 1099-1132.

Iizuka, T. (2013). Does Higher Malpractice Pressure Deter Medical Errors? The Journal of Law & Economics, 56(1), 161-188.

Sanger, C. (2018). The lopsided harms of reproductive negligence. Columbia Law Review, 118(1), 29-47.

Saks, M.J., & Landsman, S. (2021). Closing Death's Door: Legal Innovations to End the Epidemic of Healthcare Harm. New York: Oxford University Press. Retrieved from https://doi.org/10.1093/oso/9780190667986.001.0001.

Furrow, B.R. (2011). Regulating patient safety: the patient protection and affordable care act. University of Pennsylvania Law Review, 159(6), 1727-1775.

Healy, J. (2017). Patients as regulatory actors in their own health care. In P. Drahos (Ed.). Regulatory Theory: Foundations and applications. ANU Press, 591-610.

Ries, N.M. (2017). Choosing Wisely: Law's Contribution as a Cause of and a Cure for Unwise Healthcare Choices. Journal of Law and Medicine, 25, 210-228.

Zeiler, K., & Hardy, G. (2019). Law, Technology and Patient Safety. DePaul Law Review, 68(2), 459-479.

Cohen, J., & Ezer, T. (2013). Human Rights in Patient Care: A Theoretical and Practical Framework. Health and Human Rights, 15(2), 7-19.

Antonov, S.V. (2006). Civil liability for harm to health in the provision of paid medical services. PhD Thesis. Kyiv: Koretsky Institute of State and Law of National Academy of Science of Ukraine.

Majdanik, R.A. (2010). Contract for provision of medical services. Medical law, 5(1), 52-66.

Mykhailov, S.V. (2010) Civil liability in the field of medical services. Сandidate's Thesis. Kharkiv: Kharkiv National University of Internal Affairs.

Senyuta, I.Y. (2018). Civil law regulation of relations in the field of medical care: issues of theory and practice. Lviv: Publishing House "Medicine and Law".

Shchyrba, M.Yu. (2021). Legal status of the patients: theoretical and legal research. PhD Thesis. Lviv: Lviv Polytechnic National University.

Stetsenko, S.G. (2004). Medicine Law. Saint-Petersburg: Juridical Center Press.

Karnaukh, B.P., & Shymko, A.R. (2020). Side Effects of Diethylstilbestrol (DES) from the Perspective of Tort Law. Wiadomości Lekarskie, 73(12), part 2, 2946-2950.

Karnaukh, B.P. (2021). Loss of a chance doctrine in English law: in search for justification of differentiated approach. DePaul Law Review, 2(45), 114-129.

Karnaukh, B.P. (2021). Loss of a chance doctrine in american case-law. Uzhhorod National University Herald. Series: Law, 65, 112-117.

Vakhoneva, T. (2021). Qualification requirements for medical workers as subjects of labor law. In I. Sakharuk (Ed.). Kitchen of labor rights: essays on important ingredients: a collection of articles. Kyiv: Dakor, 133-143.

Decision of the Kyiv Court of Appeal, 30 September 2020, case no. 761/39380/17. Retrieved from https://reyestr.court.gov.ua/Review/92079432.

Stratonov, V., & Havlovska, A. (2020). Concept and content of the legal status of a consumer of medical services. The Journal of V.N. Karazin Kharkiv National University. Series: Law, 30, 51-56.

Bolotina, N.B. (2004). Patient: definition, rights and responsibilities. Legal State, 14, 301-309.

The decision of the Pischansky district court of Vinnytsia region, 25 April 2019, case no. 134/845/18. Retrieved from https://reyestr.court.gov.ua/Review/81402504.

Decision of the Severodonetsk City Court of Luhansk Oblast as of February 12, 2015, case no. 428/6742/13-ts. Retrieved from https://reyestr.court.gov.ua/Review/42796832.

Decision of the Court of Appeal of Luhansk Region, 20 July 2015, case no. 428/6742/13-ts. Retrieved from https://reyestr.court.gov.ua/Review/47721348.

Separate opinion by judge Avalian N.M. in case no. 428/6742/13-ts, July 20, 2015. Retrieved from https://reyestr.court.gov.ua/Review/48904687.

The decision of the Mykolaiv Court of Appeal as of February 28, 2020 case no. 490/8813/14-ts. Retrieved from https://reyestr.court.gov.ua/Review/87911220.

Maykut, H.V. (2017). Problems of legal assessment of medical error. Actual problems of domestic jurisprudence, 3, 54-57.

Dyolog, M.I. (2014). Medical Errors. Radiological Bulletin, 2(51), 53-56.

Onishchenko, O.V., & Erzaulova, V.V. (2013). Medical error: legal aspect. Legal bulletin, 2(27), 92-96.

Kravchuk, I.І., & Kotyuk, A.S. (2020). Compensation for damage caused to a person by failed medical intervention. Academic notes of Vernadsky TNU. Series: legal sciences, 31(70), 6, 36-41.

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Published

2022-09-30

How to Cite

Prytyka, Y., & Nikitina, T. (2022). The Right оf а Person to Medical Care іn Ukraine. Problems of Legality, (158), 63–81. https://doi.org/10.21564/2414-990X.158.263078

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Articles