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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 provision of medical care by a physician is not only a professional duty but also an element of legal protection of personal non-property rights.
Why a doctor's or a health care facility's refusal is illegal
A doctor bears legal responsibility for refusing necessary care if this 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 Gennadiy Kapralov in a commentary on Channel 24.
A patient may defend their rights if the treatment refusal was unlawful, all circumstances were recorded, and evidence was gathered. The attorney also emphasizes correctly identifying an effective legal response mechanism.
Yes, to assess the lawfulness, the following are considered:
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 provides greater strictness. Gennadiy Kapralov quoted part one of Article 37 of the Fundamental Laws of Ukraine on Health Care, which states: "Medical workers are obliged to provide urgent necessary medical care in the event of an emergency to a person."
Important! A refusal to treat is not always illegal if the health care facility lacks equipment, a specialist, or the possibility to perform a specific intervention.
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The attorney noted that a person indeed has the right to turn to a facility chosen by them if this is justified by the condition and the facility has the ability to provide the appropriate treatment. This is explicitly stated in Article 38 of the Fundamentals of Ukrainian health care legislation.
Gennadiy Kapralov
Managing Partner of Law Firm AO "Lawyer HUB"
Inability to provide certain specialized care does not relieve medical professionals of their duties established for emergencies, including the necessity to take available measures to stabilize the patient's condition and arrange for further care.
The right of a doctor to refuse treatment is also possible when a patient does not comply with medical prescriptions or the facility’s internal rules, provided this does not endanger the patient’s life or public health.
The law prohibits taking money for free services
According to Gennadiy Kapralov, separately assess coercion for unofficial payment for services that must be provided free of charge under the law. The scope of medical services and medicines that the state guarantees within the Medical Guarantee program is provided for by the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population." Thus, a demand for unofficial payment may be grounds for a complaint to the National Health Service of Ukraine.
Thus, to establish illegality of the refusal, it is necessary to determine whether the grounds provided by law for not providing care existed, whether the doctor fulfilled professional duties, and whether proper procedure for obtaining subsequent medical care was ensured.
— says the expert.
How to record the refusal and collect evidence
The primary task of the patient is to obtain the necessary medical care. If there is a threat to life or health, do not waste time filing complaints. It is necessary to call an emergency medical service at 103 or 112 or to contact the nearest facility that can provide the appropriate care.
After ensuring medical safety, it is advisable to document the circumstances of the refusal. Specifically:
note the date, time, and place of the contact;
the surname and position of the medical staff member;
a description of symptoms;
the content of explanations given and the reasons why help was refused.
The presence of witnesses also matters, so if possible, preserve their contact details.
The patient may request a written explanation of the reasons for the refusal. If such a document is not issued, it is advisable to submit a written appeal to the facility director detailing the events and a demand to check the staff’s actions. Keep one copy of the appeal with a receipt stamp. An alternative is to send the request by mail with a description of the enclosed documents.
— added Gennadiy Kapralov.
He also advises preserving extracts from medical records, examination results, email correspondence, messages about the appeal, referrals, documents on payment for further treatment, and conclusions from other doctors.
At the same time, remember that if the patient’s health worsens after the doctor’s refusal to help, special attention should be paid to medical documents that allow establishing the nature of the deterioration and a possible causal link with the lack of care.
Audio or video recordings can also have evidentiary value if obtained and used in accordance with the law. When documenting the incident, respect the rights of other patients to privacy and the confidentiality of medical information.
Court proceedings against doctors
Note that medical professionals are often brought before the court for their mistakes. For example, recently in Odesa, the Primorsky Court found an anesthesiologist guilty of improper performance of duties, which led to the death of a patient. However, the doctor avoided imprisonment due to the expiration of the statute of limitations and was ordered to pay more than 363 thousand hryvnias in compensation to the deceased’s relatives.
In 2024 year, a private clinic obstetrician-gynecologist was convicted for medical negligence. Due to improper performance of professional duties, a newborn died in the clinic. The doctor received three years in prison and a one-year ban on medical activity, and the clinic was ordered to pay 1 million 170 thousand in moral damages to the harmed 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.
