Legal liability for offenses in the health care sphere in Ukraine
The author of the article has studied the basics of legal liability for the commission of offenses in the sphere of health care in Ukraine.
The author using the comparative and legal method has accomplished characteristics of legal principles of civil, administrative and criminal liability for health-related offenses in Ukraine.
The author has indicated on the existence of three forms of civil legal relations, which may arise in case of a patient’s claimant appeal in regard to a health care institution, namely: 1) between a physician and a patient; 2) between the health care institution and a patient; 3) between a physician and the health care institution. It has been noted that the overwhelming majority of claims brought by patients to health care institutions are claims for the compensation for material and non-pecuniary damage caused by decline caused by inadequate quality of medical care.
It has been found out that administrative liability for health-related offenses in Ukraine occurs, if these violations in their nature are not entrusted of criminal liability in accordance with the law. Criminal liability is the most severe form of legal liability of medical employees and pharmacists for offenses committed by them in the course of their professional activities.
The author has offered to conditionally divide the crimes committed by medical employees in regard to the exercise of their professional activities, into: crimes against the life and health of a person (a patient); crimes against the rights of a person (a patient); crimes in the field of economic activity on medical practice; crimes in the sphere of drugs, psychotropic substances, their analogues or precursors trafficking; other crimes committed by medical professionals in regard to their professional activities.
The author has studied the statistics of bringing medical employees and pharmacists in Ukraine to legal liability during 2013-2017. The author has supported the opinion that cases, where medical employees and pharmacists are the subjects, are admitted the most complex according to the degree of difficulty, because they need to find out special issues of medical nature. Most cases of bringing medical employees and pharmacists to legal liability are unjustified or inadequate.
The author has defined studying the issue of modernizing public health management in the context of European integration as the perspective direction of further scientific research.
Population of Ukraine in 2018: disturbing figures have been announced [Naselennia Ukrainy v 2018 rotsi: ozvucheno tryvozhni tsyfry], 2018. ZNAJ.UA. 23.08.2018. Available at https://znaj.ua/society/naselennya-ukrayiny-v-2018-ozvucheno-tryvozhni-cyfry [Accessed 18 December 2018].
Kuzminskyi P.Y., 2011. Liability within medical activities [Vidpovidalnist u medychnii diialnosti]. Derzhavne upravlinnya: udoskonalennya ta rozvytok – Public administration, improvement and development, No. 10. Available at http://www.dy.nayka.com.ua/?op=1&z=364 [Accessed 20 December 2018].
Schukin O.S., 2005. Legal status of medical workers according to the labour legislation of Ukraine [Pravovyi status medychnykh pratsivnykiv za trudovym zakonodavstvom Ukrainy]. Abstract of Ph.D. dissertation. Odessa National Academy of Law.
Stetsenko S.H., Stetsenko V.Yu. and Seniuta I.Ya., 2008. Medical law of Ukraine [Medychne pravo Ukrainy]. Kyiv: Pravova yednist. (Ed.: S.H.Stetsenko).
Seniuta I.Ya., 2018. Civil liability in the sphere of providing medical care [Tsyvilno-pravova vidpovidalnist u sferi nadannia medychnoi dopomohy]. Kharkiv: Factor.
Buletsa S.B., 2013. The features of civil responsibility in medicine [Osoblyvosti tsyvilnoi vidpovidalnosti v medytsyni]. Naukovij vìsnik Užgorodsʹkogo nacìonalʹnogo unìversitetu. Serìâ Pravo – Uzhhorod National University Herald. Series: Law, Iss. 21, Part II, Vol. 1, pp. 168-171.
Kolpakov V.K. , 1999. Administrative law of Ukraine [Administratyvne pravo Ukrainy]. Kyiv: Yurinkom Inter.
Franchuk V.V., Trach Rosolovska S.V., Selskyy P.R., Mykolenko A.Z. and Bondar P.Ya., 2018. Analysis of final judgements in cases of medical negligence occurred in Ukraine [Analiz ostatochnykh sudovykh rishen v Ukraini u vypadkakh nenalezhnoho nadannia medychnoi dopomohy]. Wiadomości lekarskie, [online] Tom LXXI, Nr 3, cz. II, pp. 757-760. Available at http://wl.medlist.org/2018/05/24/03b-2018-28/ [Accessed 22 October 2018].
Zavarza T.V., 2008. Specifics of legal liability of medical employees [Spetsyfika yurydychnoi vidpovidalnosti medychnykh pratsivnykiv]. In: Medical law of Ukraine: legal status of patients in Ukraine and its legislative provision (genesis, development, problems and perspectives of improvement) [Medychne pravo Ukrainy: pravovyi status patsiientiv v Ukraini ta yoho zakonodavche zabezpechennia (henezys, rozvytok, problemy i perspektyvy vdoskonalennia)]. Lviv, 17-18 April 2008. Lviv: Medytsyna i pravo. Pp. 119-123. Available at http://medicallaw.org.ua/uploads/media/02_119_01.pdf [Accessed 20 December 2018].
Abstract views: 134 PDF Downloads: 81
Copyright (c) 2018 S. V. Knysh
This work is licensed under a Creative Commons Attribution 4.0 International License.