Protection of patients

If your health has suffered through the acts or omissions of a doctor, the law gives you the right to claim compensation. In practice, however, the patient is left one-on-one with a medical institution that has its own lawyers and full access to the records.

The attorney's task here is to level those positions: to obtain the medical documents, to put the right questions to the forensic medical examination, to prove deviations from the treatment protocols and the causal link with the outcome, and then to secure compensation in court or before it.

Do not waste time — contact an attorney as early as possible: medical records have a way of being "clarified" once a complaint has been filed.

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)
• 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)

Protection of the rights and interests of a patient

• advice on matters relating to harm caused to a patient and its compensation
• preparation and filing of the necessary documents
• challenging any unlawful actions of a doctor
• representation of individuals in court proceedings
• challenging the actions or inaction of officials of healthcare institutions
• challenging the unlawful disclosure of medical confidentiality

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

Further "medical" offences under the Criminal Code

• 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)

Each of these charges requires separate legal analysis: what matters is not only the fact of an unfavourable outcome, but whether the medical worker's actions complied with the treatment protocols, whether there is a causal link, and whether guilt in the form provided for by the relevant article has been established.

Why medical cases require a specialist

Medical cases are situated 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.