Defence of doctors

Everyone agrees that medical care matters greatly. As a rule it is provided by professionals who know their work — at least that is what we hope for when we come to a medical facility. Unfortunately, not all doctors treat their duties with the same conscientiousness, and this sometimes leads to irreparable consequences.

Mistakes that cannot be corrected — those are the real mistakes. This truth applies equally to a medical error: the acts or omissions of a doctor that have caused grave and irreversible consequences for the health, and sometimes the life, of a patient.

That is one side. On the other side there are unscrupulous patients who come to a medical facility not to be treated but to recover money on any invented grounds. Fortunately there are still few such patients, but their number grows every year — and now it is sometimes necessary to defend the doctor from the patient.

Given the growing number of citizens' claims regarding the improper provision of medical care, questions of the legal liability of medical professionals for professional offences require specialist knowledge and the participation of an attorney when doctors are being held liable.

The concept of a medical error may be described as improper diagnosis or improper treatment of a patient, or improper organisation of medical care, which resulted — or could have resulted — in an unfavourable outcome of the medical intervention.

Protection of the rights and interests of healthcare institutions

• protection of the rights and lawful interests of the healthcare institution
• defence of doctors against patient claims
• defence of doctors in the event of criminal prosecution (opening of criminal proceedings)
• registration and re-registration of healthcare institutions
• legal support during inspections by supervisory authorities
• preparation of replies to complaints and requests

Which offences are classed as "medical"

The overwhelming majority of "medical" offences are concentrated in Section II of the Criminal Code of Ukraine, "Offences against the life and health of a person". These include, in particular:

• improper performance of professional duties resulting in a person becoming infected with HIV or another incurable infectious disease (Art. 131)
• disclosure of information about a medical examination for HIV or another incurable infectious disease (Art. 132)
• unlawful termination of pregnancy, where the medical worker has no specialist medical education (Art. 134)
• unlawful medical practice — engaging in medical activity without a special permit by a person without appropriate medical education (Art. 138)
• failure by a medical worker to provide assistance to a patient (Art. 139)
• improper performance of professional duties by a medical or pharmaceutical worker (Art. 140)
• violation of patients' rights (Art. 141)
• unlawful experiments on a human being (Art. 142)
• violation of the statutory procedure for the transplantation of human organs or tissues (Art. 143)
• coercive donation (Art. 144)
• unlawful disclosure of medical confidentiality (Art. 145)

Why medical cases require a specialist

Medical cases sit at the intersection of law and medicine. They almost always involve forensic medical examinations, medical records, expert opinions and specialist terminology. An attorney working in this field must be able to formulate the correct questions for the expert, to detect defects in the documentation and to challenge conclusions drawn without regard to the actual protocols of treatment.

At an early stage — while the matter is still a patient's complaint or an internal investigation — it is often possible to prevent the case from developing into criminal proceedings. That is precisely why prompt engagement of an attorney matters so much.

Do not waste time — contact a good attorney who will help you protect your rights.