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 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
punishment crime A criminal Property crime Types of crimes Composition of the crime Step crime Complicity in the crime Criminal liability wrongfulness of the act guilt act Punishability act participation Simple participation Sophisticated participation necessary defense Emergency arrest Restrictions will Public works Correctional work escheat Restrictions will Life imprisonment Additional penalties Key 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 of human subjects of medical legal Forms of protection Jurisdictional Not jurisdictional Trial Self-defense Alternative Conflict Resolution Appeal to independent associations Appeal to professional medical associations Extrajudicial
Judicial protection of human subjects uniform medical legal In civil proceedings Depending on 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).
The issue of civil claim in the criminal case and enjoy art. 28 of the Criminal Procedural Code of Ukraine. • Civil action may be brought both during preliminary investigation and inquiry, and during the trial, but before the trial. Denial of claim in civil proceedings deprive the plaintiff of right to file the same claim in a criminal case. A person who has not filed a civil action in the criminal case, and the person a civil suit which was left without consideration, may bring him in civil proceedings. • Simultaneous consideration of the criminal case and a civil action promotes a full, thorough and impartial investigation of the case, more rapid compensation for damage to property crime, makes the victim proving grounds and the size of the civil action, provides significant procedural savings by eliminating duplication in the work of the courts, which inevitably in separate criminal proceedings and civil litigation.
The issue of civil claim in the criminal case and enjoy art. 28 Code of Ukraine. • Civil proceedings in a criminal case related to improper medical care, should be brought to the health facility and the accused / defendant will act as a third party that does not represent independent claims of the issue on the side of the defendant (although analysis of judicial practice gives reason to believe that law enforcement in this context uncontrolled. hence , often encountered in court civil proceedings in criminal matters that apply to the defendant / accused) . When criminal charges will be attracted by a medical professional, dedicated individual medical practice , the defendant in a case related to a civil lawsuit to be a doctor, who is accused of a crime. • When considering a civil claim in the criminal case of matters not regulated by the Criminal Procedure Code of Ukraine, the court may be guided by the relevant rules of the Civil Procedural Code of Ukraine (paragraph 5 of the Supreme Court of Ukraine of 03.31.1989 № 3).
Crime 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.
Signs describing the presence of crime • General insecurity acts • wrongfulness of the act • guilt act • Punishability act
Composition of the crime • When the offense meant a set of features provided by the criminal law, defining a socially dangerous act as a crime. This is a necessary condition for criminal liability. A person shall be criminally liable only if its actions constitute a crime, and only for the crime, legal structure which in its action set. • Allocate the following elements of the crime, object, objective party, subject, subjective side.
Elements of the offense • Property crime - that's what sent the offense may be the property, the person, political, labor, property rights and freedom of citizens. • The subject of the crime - is an individual, a person who has reached a certain age and is sane. Sanity of an individual means that he understands the nature of his actions and could control them.
The Criminal Code of Ukraine in Chapter 2, "Crimes against life and health" includes such offenses in health: • Improper performance of professional duties • Disclosure of information on medical examination • Illegal abortion (stattya134). • Illegal medical activities (Article 138). • Failure to provide patient care health professional (Article 139). • Improper performance of professional duties of medical or pharmaceutical workers (Article 140). • Violations of the rights of the patient (article 141). • Unlawful conduct experiments on a person (Article 142). • Unlawful delivery of prescription authorizing the purchase of narcotic drugs or psychotropic substances (Article 319).
Improper performance of professional duties 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 .
Disclosure of information on medical examination 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.
Illegal abortion (Article 134). 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.
Illegal medical activities (Article 138). 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.
Failure to provide patient care health professional (Article 139). 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.
Improper performance of professional duties of medical or pharmaceutical workers (Article 140). • Article 140 may classify such acts : late or incorrect diagnosis of the disease , leaving the patient without adequate medical care , blood transfusions another group, leaving foreign objects in the patient during surgery , use of improper treatment , inadequate control of medical equipment, violations of manufacturing, storage or use of drugs , Derailment proper medical treatment for patients suffering from mental disorders. The crime is considered complete after the onset of serious consequences for the patient.
Violations of the rights of the patient (article 141). 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.
Unlawful conduct experiments on humans (st.142). 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.
Unlawful delivery of prescription authorizing the purchase of narcotic drugs or psychotropic substances (Article 319). 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.
For timely and effective response to a complaint must comply with the following postulates: • 1) the complaint must be justified; • 2) to file a complaint must be timely; • 3) apply to any complaint better in writing; • 4) send the complaint to the competent authority or official • 5) You should not assume that a complaint can harm the patient
cancel or modify the contested decision in the cases stipulated by the legislation of Ukraine, if they do not comply with the law or other regulations; explain the procedure for appealing the decision in the case of declaring or complaints unsubstantiated The subject of the complaint for the review of administrative proceedings may take one of the following decisions:
The key reasons for excluding criminal responsibility are: • person has committed a crime for the first time; • committed minor offense (an offense for which punishment of imprisonment for a term not exceeding two years, or else a more lenient sentence) or careless crime of medium gravity (an offense for which punishment of imprisonment for a term not more than five years); • person who commits an offense shall reimburse damages or eliminates damage.
REFERENCES: • Byrne J. , Cohen , J., T. Ezer , J. Overal , Senyuta I. Human rights in health care : a practical guide / by science. Ed .. I.Senyuty . - Lviv : Type of LOBF "Medicine and Law" , 2012. - 552 p. • BratanyukL.E. Basics of law and legislation in public health : a textbook . - 2nd ed. correct . - K. : Medicine , 2011. - 544 p. • Hops I., MickleB.V., A.I. ArtemenkoFundamentals of Health Legislation of Ukraine / / National Medical University named after A.A.Bogomolets. Department of Forensic Medicine. - Kyiv - 2010. • Constitution of Ukraine ( as amended by the Law N 2952 -VI (2952-17) of 01.02.2011, BD , 2011 , N 10, Article 68 ). • Tutorial "medical law of Ukraine" - StecenkoS.G. - 2009 • StecenkoS.G., Senyuta I. Legal provision of health care in Ukraine / / Right Ukraine . - 2007. • www.tdmu.edu.ua– intranet.