Publication date: 12.07.2024
Protecting the rights of healthcare users
Healthcare services are one of the most important components of the healthcare system, which provides the population with proper medical care, prevention and treatment of diseases. The quality of medical services, their accessibility and efficiency directly affect the health and lives of citizens. Ukraine has an extensive legal framework that regulates the rights of healthcare users and establishes mechanisms for their protection. In this article, we will consider the main aspects of protecting the rights of healthcare users, the legal framework, user rights, protection mechanisms and the procedure for action in case of violation of rights.
Legal framework
The protection of the rights of healthcare users in Ukraine is regulated by several key legal acts:
TheConstitution of Ukraine:
- Guarantees the right of citizens to healthcare, medical care and health insurance.
TheLaw of Ukraine "Fundamentals of the Legislation of Ukraine on Healthcare":
- Defines the basic legal, organisational and socio-economic principles of healthcare, establishes the rights and obligations of citizens in the field of healthcare, as well as the procedure for the provision of medical care.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for the protection of consumer rights, including those of healthcare users, establishes consumer rights, obligations of service providers and the procedure for handling consumer complaints.
Civil Code of Ukraine:
- Establishes the general legal rules governing the conclusion, execution and termination of contracts, including contracts for the provision of healthcare services.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on healthcare services, non-compliance with the standards and rules of activity in this area.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of healthcare services, including negligence, fraud, forgery of medical documents, etc.
Resolutions of the Cabinet of Ministers of Ukraine and other bylaws:
- Regulate certain aspects of the provision of healthcare services, define quality standards, requirements for healthcare facilities and patients' rights.
Rights of healthcare service users
The main rights of healthcare service users as defined by Ukrainian legislation include:
Theright to access medical care:
- Citizens have the right to receive affordable and quality medical care, regardless of their social status, age, gender or place of residence.
Right to information:
- Patients have the right to receive reliable, complete and understandable information about their health status, diagnoses, treatment methods, risks and possible consequences of treatment.
Theright to choose a doctor and a medical institution:
- Patients have the right to freely choose a doctor and a medical institution to receive medical care.
Theright to consent to medical intervention:
- Medical interventions can only be carried out with the patient's consent, except in cases provided for by law (e.g. emergency medical care without the patient's consciousness).
Right to confidentiality:
- Patients have the right to protect their personal data and medical information from unauthorised access, alteration or disclosure.
Theright to appeal medical decisions:
- Patients have the right to appeal against decisions of medical professionals and actions of medical institutions in case of violation of their rights.
Mechanisms to protect the rights of healthcare users
Ukrainian legislation provides for several mechanisms to protect the rights of healthcare users:
Appealing to a healthcare facility:
- In case of violations of their rights, patients have the right to appeal directly to the management of a healthcare facility with a request to eliminate violations, provide additional information or compensate for damages.
Appealto local authorities:
- Patients can file a complaint with local authorities that oversee the activities of healthcare facilities, review complaints and take action in case of violations.
Judicialprotection:
- Patients have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and an obligation of the medical institution or doctor to remedy the violation.
Appealto the Ministry of Health of Ukraine:
- Patients can apply to the Ministry of Health of Ukraine to review complaints and conduct inspections of healthcare facilities to ensure that they are complying with patients' rights.
Pre-trial dispute resolution:
- The legislation provides for pre-trial dispute resolution between patients and healthcare facilities, including mediation, arbitration and other forms of alternative dispute resolution.
Appeal to human rights organisations:
- Patients can turn to human rights organisations and lawyers to protect their rights and interests.
Procedure for action in case of violation of the rights of healthcare users
In the event of a violation of the rights of healthcare users, they must act in accordance with the established procedure, which includes several stages:
Assessment of the legitimacy of the violation:
- The patient must assess the legitimacy of the violation based on its compliance with the law and the terms of the healthcare contract. In case of doubt about the legitimacy of the violation, a lawyer or human rights defender should be consulted.
Documentation of the violation:
- The patient should document the violation, collecting evidence if possible (medical documents, photographs, videos, testimonies of other patients, etc.).
Appealing to a healthcare facility:
- The patient should address the management of the healthcare facility with a written request to eliminate the violation, provide additional information or compensation for damages. The request may be submitted in person, by post or by e-mail.
Appealto local authorities:
- If a healthcare facility refuses to satisfy a patient's requirements, the latter may file a complaint with the local government authorities that oversee the activities of healthcare facilities.
Appealto the Ministry of Health of Ukraine:
- The patient may apply to the Ministry of Health of Ukraine to review the complaint and conduct an inspection of the medical institution's activities.So, whether you need a lawyer's advice or a lawyer's advice, it does not matter. Legal marketplace "CONSULTANT" will help to solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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