Legal responsibility in health care. PLAN. 1. Overview of legal responsibility in health care . 2. Jurisdictional forms of human rights in health care . 2 . 1 . Forensic form of protection of human rights in health care
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1. Overview of legal responsibility in health care.
2. Jurisdictional forms of human rights in health care.
2.1.Forensic form of protection of human rights in health care
a) the protection of human rights in health care in civil proceedings;
b) protection of human rights in the health sector in criminal proceedings:
The concept and the crime.
The offenses that constitute a danger to human life and health are committed in the area of health care.
c) the protection of human rights in the health sector in administrative proceedings.
2.2. Extrajudicial forms of human rights in the field of healthy
3. Not jurisdictional forms of protection of human rights in health care
Types of crimes
Composition of the crime
Complicity in the crime
wrongfulness of the act
Additional penaltiesKey terms and concepts:
The State recognizes the right of every citizen of Ukraine on health care and ensure its protection (Article 8 of the Law of Ukraine "Fundamentals of Ukraine on Health Care").
Forms of protection
In civil proceedings
the type of social
relations in the
field of health
protection can be:
In criminal proceedings
In administrative proceedings
In constitutional proceedings
Article 6 of the Law of Ukraine "Fundamentals of Ukraine on Health" right to compensation for damage caused to health (material and moral), but also a means to recognize the right to terminate, which gives it, recognize invalid transaction (this is true for lawsuits filed in private hospitals).
Crime under the Criminal Code of Ukraine considered socially dangerous acts that infringe on public order Ukraine, its political and economic system, property, person, political, labor, property and other rights and freedoms of citizens, and another, under criminal law, a socially dangerous act that infringes on order.
causing infection person with HIV or any other incurable infectious diseases ( Article 131 ). According to this article may be termed such acts : the use of non-sterile , not properly disinfected and the option of medical syringes , blood transfusion victim of HIV- infected without a laboratory diagnosis of HIV infection, the use of other body fluids, cells, tissues and organs without their laboratory research on HIV, the failure of the leadership of health facility staff of the institution necessary protective equipment in accordance with established standards and KM list .
to detect infection with HIV or any other incurable disease. ( st.132 ). Details of the results of the medical examination , the presence or absence of HIV infection in a person who has passed a medical examination are confidential and constitute a medical mystery. The transfer of information is allowed only to the person to whom they relate , and in cases stipulated by law, as legal representatives of the person , health care , prosecution , investigation, inquiry or trial. Disclosure of information means that the person required to keep relevant information secret, illegal introduces her unauthorized persons or their behavior creates conditions that give third parties the opportunity to get acquainted with the relevant information.
Abortion - a wrongful termination of pregnancy a woman in the presence of her consent to the operation. Causing death of human fetus after physiological started families and the opportunity to direct physical impact on the child's body is not abortion as murder. Deprivation of life that was out of the womb as a result of premature childbirth or accident , should also be regarded as murder. According to the laws of abortion from 12 to 28 weeks in urgent cases where there is a real threat to the life of the sick woman , carried out by a person who has special medical education, without the consent of the patient or his legal representatives for medical intervention. Abortion by a person who had no formal medical training, in any case considered illegal. Abortion is committed by a person with special medical education is punished if two conditions: 1) its illegality , and 2) causing lasting health disorders , infertility or death of the victim.
The essence of this crime is that medical activities are carried out without special permission, and is carried out by a person who is no proper medical education. Health professionals who are engaged in medical activities not in accordance with the certified specialty documentary should be recognized by persons who do not have adequate health education. The above offense is considered complete after the onset of serious consequences for the patient. In dire consequences should be understood causing death, serious injury or moderate injury.
medical and pharmaceutical workers are required to provide timely and quality medical and medical assistance , as well as provide first free emergency medical care in case of accidents and other emergencies . Under the valid reasons which exclude liability under this article refers to a variety of circumstances that prevent the employee to provide medical care to the patient - an irresistible force , the state of emergency (such as the need to give priority assistance to a seriously ill person) , a disease of the health care worker , no provision for a specific type of help skills , knowledge , equipment or drugs.
The essence of the offense is to conduct clinical trials without the written consent of the patient or his legal representative, or in respect of a minor or incapacitated person , if these actions caused the death or other serious consequences. According to the laws of clinical trials are conducted only with the written consent of the patient - volunteer to participate in the conduct of such trials , and if such a patient is a minor or incapable - with the written consent of the legal representative (with respect to persons aged 15 years or recognized incapable - also subject to agreement ). However, violation of these requirements entail liability under this Article in the event of death of a patient or other serious consequences.
It is illegal to : 1) the medical , scientific and other experiments on the sick, prisoners, prisoners of war , and therapeutic experiments - of people whose disease is not directly related to the purpose of the experiment , and 2 ) any experiments that are conducted without free consent rights and full and impartial competent patient awareness about the state of his health, the goal of the proposed experiments , the forecast of possible disease, a risk to life and health , and 3) medical and biological experiments on people who do not meet the totality of conditions: a ) the existence of socially useful purpose , and b) scientific validity , and c) the possible benefits of their success over the risk of causing serious consequences for the health or life , d ) transparency and e) conducting them only in accredited health facilities.
When a medical professional, not having the necessary powers or going beyond their duties , the person writes a prescription for the right to purchase narcotic drugs or psychotropic substances or doing it in violation of the rules of prescription . Doctors prescribe prescriptions, usually after examination of the patient and must make a record of prescribing in the medical records. Drug prescription forms issued to a special form , which, in addition to a doctor, signed by the head of the medical institution or his deputy and stamped . Issuing prescriptions authorizing the purchase of narcotic or psychotropic drugs to individuals suffering from drug addiction or substance abuse is strictly prohibited.
Contacting of health care institution is not a prerequisite for the complaining to the appropriate higher authority vertically executive or local authority.
Complaint - is not just a "letter", which you can answer or not to answer, and this appeal, which confers on the recipient a number of statutory obligations and consideration which suggests that the legislative procedure.
explain the procedure for appealing the decision in the case of declaring or complaints unsubstantiatedThe subject of the complaint for the review of administrative proceedings may take one of the following decisions: