Back
Automatically translated version. May contain inaccuracies compared to the original.
The right to health care and medical assistance is one of the fundamental human rights guaranteed by the Constitution of Ukraine and Article 49 of the Civil Code of Ukraine. Proper medical care by a physician is not only a professional duty but also an element of legal protection of a person’s non-property rights.
Why a physician’s or a health care facility’s refusal is illegal
A physician bears legal responsibility for a refusal to provide necessary care if it is not provided for by law. Depending on the circumstances of the case and the consequences of such a violation, it may involve disciplinary, civil, or criminal liability. This was discussed by attorney Hennadiy Kapralov in a comment on Channel 24.
A patient can defend their rights if the denial of treatment was unlawful, all circumstances were documented, and evidence was gathered. The attorney also emphasizes the proper definition of an effective legal recourse mechanism.
In order to assess legality, the following are taken into account:
the patient’s condition;
the nature of the required assistance;
the authority of the medical professional;
the requirements of the law.
For emergencies, the law prescribes greater immediacy. Hennadiy Kapralov quoted part one of Article 37 of the Constitution of Ukraine, which provides: "Medical professionals are obliged to provide urgent, necessary medical aid in the event of an emergency to a person."
Important! An unlawful denial of treatment is not always present if the facility lacks equipment, a specialist, or the ability to perform a specific intervention.
Fuel
Average prices in the Amic Energy chain as of
The attorney noted that a person does indeed have the right to turn to a facility of their choosing if it is justified by the condition and the facility has the ability to provide the appropriate treatment. This is expressly stated in Article 38 of the Constitution of Ukraine on health care.
Hennadiy Kapralov
Managing Partner, Law Firm Lawyer HUB
The inability to provide certain specialized care does not relieve medical workers of their obligations established for emergencies, including the obligation to take available measures to stabilize the patient’s condition and arrange for further treatment.
The right of a doctor to refuse treatment is also possible when a patient does not follow medical prescriptions or the facility’s internal rules, provided this does not threaten the patient’s life or public health.
The law prohibits taking money for free services
According to Hennadiy Kapralov, one must separately evaluate extortion of unofficial payments for services that should be provided free of charge under the law. The scope of medical services and medicines that the state guarantees under the Medical Guaranteed Program is defined by the Law of Ukraine on State Financial Guarantees of Medical Service to the Population. Thus a demand for unofficial payment may be a basis for a complaint to the National Health Service of Ukraine.
Thus, to establish the illegality of a refusal, it is necessary to determine whether there were legally provided grounds for non-provision of care, whether the physician fulfilled professional duties, and whether proper procedures for obtaining further medical care were ensured.
– says the expert.
How to document the refusal and collect evidence
The patient’s primary task is to obtain the necessary medical care. If there is a threat to life or health, don’t waste time filing complaints. Call emergency medical services at 103 or 112 or go to the nearest facility that can provide the appropriate care.
After ensuring medical safety, it is advisable to document the circumstances of the refusal. It is reasonable to:
note the date, time, and place of the encounter;
the surname and position of the medical worker;
a description of the symptoms;
the content of the explanations given and the reasons for the denial of care.
The presence of witnesses also matters, so if possible preserve their contact information.
The patient may request a written explanation of the reasons for the refusal. If such a document is not issued, it is reasonable to submit a written request to the facility’s management detailing the events and requesting an investigation into the staff’s actions. Keep one copy of the request with a receipt stamp. An alternative is to send the appeal by mail with a description of the enclosure.
– added Hennadiy Kapralov.
He also advises keeping copies of medical records, test results, email correspondence, records of the appeal, referrals, documents proving payment for further treatment, and conclusions from other doctors.
It is also important to note that if health deteriorates after a doctor’s denial of help, special attention should be paid to medical documents that can establish the nature of the deterioration and a possible causal link to the denial of care.
Audio or video recordings may also have evidentiary value if obtained and used in accordance with the law. When recording the event, respect the privacy rights of other patients and the confidentiality of medical information.
Lawsuits against doctors
Note that medical professionals often end up in court for their mistakes. For example, recently in Odesa the Primorsky Court found an anesthesiologist guilty of improper duties, which led to the death of a patient. However, the doctor avoided imprisonment due to the expiry of the statute of limitations and was to pay more than 363 thousand hryvnias in compensation to the relatives of the deceased.
In 2024 year a private clinic obstetrician-gynecologist was convicted for medical negligence. Because of improper fulfillment of professional duties, a baby died in the clinic. The doctor received three years of imprisonment and a one-year ban on practicing medicine, and the clinic was ordered to pay 1 million 170 thousand in moral damages to the injured party.
Document: PDF proof of the original version of the news item "Відмовили в медичній допомозі: коли лікар порушує закон і куди скаржитися". It records the publication content at the moment of the first scan, the preservation date and the source: Channel 24.
