Publication date: 12.07.2024
Liability for violation of the rules for the provision of healthcare services
The provision of medical services is an important area that affects the health and well-being of citizens. Ukraine has strict regulations governing the activities of healthcare facilities and healthcare professionals, defining quality standards for medical care and providing for liability for violations of the rules for the provision of medical services. This article discusses the main aspects of liability for violations of the rules for the provision of medical services, the regulatory framework, types of violations, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
Liability for violation of the rules for the provision of healthcare services 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.
Major violations of the rules for the provision of healthcare services
The main violations of the rules for the provision of healthcare services may include:
Failure toprovide medical services or provision of incomplete services:
- The absence of promised medical services or their incomplete provision without justified reasons, which leads to inconvenience for patients.
Inadequatequality of medical services:
- Poor quality of patient care, non-compliance with the promised treatment conditions, insufficient or incorrect diagnosis and treatment of diseases.
Violation of the terms of fulfilment of obligations:
- Failure to fulfil obligations to patients in a timely manner, delays or postponement of medical procedures, uncoordinated changes to the treatment programme.
Unlawful charging of fees:
- Charging for services that have not been provided or charging inflated amounts that do not correspond to actual costs.
Violation ofpatients' rights to information:
- Failure to comply with the requirements to provide patients with reliable information about their health status, diagnoses, treatment methods, risks and possible consequences of treatment.
Violation of the terms ofcontracts for medical services:
- Failure to comply with the terms of contracts, including payment terms, terms of service, scope of services and other aspects.
Types of liability for violation of the rules for the provision of medical services
Violations of the rules for the provision of medical services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violation of the requirements of the legislation on medical services, non-compliance with standards and rules of operation. Sanctions may include fines, warnings, and temporary suspension of a healthcare facility or doctor. Such violations are subject to fines ranging from 10 to 200 tax-free minimum incomes, and in case of repeated violations - up to 500 tax-free minimum incomes.
Civil liability:
- Civil liability arises in the event of material or moral damage to patients as a result of improper provision of medical services. Patients have the right to seek compensation through the courts. Liability may include compensation for material damage (lost property, treatment costs, etc.) and non-pecuniary damage (psychological stress, humiliation).
Criminal liability:
- Criminal liability is incurred for committing crimes in the field of healthcare services, such as negligence, fraud, and forgery of medical documents. Sanctions may include fines, imprisonment, and prohibition to engage in certain activities. Such violations are punishable by fines in the amount of 500 to 2,000 tax-free minimum incomes or imprisonment for up to 10 years.
Procedure for bringing to liability
The procedure for holding healthcare professionals and healthcare facilities liable for violations of the rules for the provision of healthcare services depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (Ministry of Health of Ukraine, local self-government bodies) or following complaints from patients. In case of violations, an administrative protocol is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In case of material or moral damage, patients may file a lawsuit for damages. The court considers evidence of improper provision of medical services, hears witnesses, and conducts examinations to determine the amount of damage. The court makes a decision on compensation.
Criminal procedure:
- In case of crimes in the field of healthcare services, victims or other interested parties may file a criminal complaint with law enforcement agencies. The proceedings are initiated on the basis of the application, after which a pre-trial investigation is conducted, the circumstances of the case are established and the perpetrators are brought to criminal liability.So, whether you need a lawyer's advice or a lawyer's advice, it does not matter. Legal marketplace "CONSULTANT" will help you 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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