FAQ Medical Law

The medical secret includes information about:
• the fact that person applying to a medical institution for medical assistance;
• state of human health; • medical examination, examination and their results;
• diagnosis;
• circumstances that preceded or provoked the disease;
• functional features of the organism; • intimate side of the patient's life;
• family side of the patient's life;
• property status of the patient;
• other information obtained during the medical examination.

Legitimate disclosure of medical secrets is possible in the following cases:
- in case the patient agrees to disclose such information;
- notification to one of the brides about the state of health of another groom;
- notification by a doctor about the state of health of minor children to their parents (adoptive parents), guardians, trustees;
- reports of domestic violence and information to prevent domestic violence to the police;
- in the case of providing information about a person's mental health and providing him with psychiatric care without the consent of the person or without the consent of his legal representative for:
1) organization of providing psychiatric care to a person suffering from a severe mental disorder; 2) conducting a pre-trial investigation, drawing up a pre-trial report on the accused or a trial at the written request of the investigator, prosecutor, court and a representative of the authorized body on probation.
- in the case of providing information on the results of HIV testing, on the presence or absence of HIV infection in a person in respect of whom the test was performed, parents or other legal representatives of such a person; other medical workers and health care institutions - exclusively in connection with the treatment of this person; to other third parties - only by court decision in cases established by law.
- in the case of providing information about the treatment of a person in a narcological institution to law enforcement agencies in case of bringing this person to criminal or administrative liability.
- in case of requesting information in court.

Article 145 of the Criminal Code of Ukraine - provides for criminal liability for intentional disclosure of medical secrets to a person to whom he became known in connection with the performance of professional or official duties, if such an act has caused serious consequences.
Article 132 of the Criminal Code of Ukraine - provides for criminal liability for disclosure by an official of a medical institution, an auxiliary worker who obtained information on his own, or a medical worker information about a medical examination to detect infection with human immunodeficiency virus or other incurable infectious disease that is life threatening human disease, or acquired immunodeficiency syndrome (AIDS) and its results, which became known to them in connection with the performance of official or professional essay duties - also entails criminal liability.

Patient consent is required for the application of methods of diagnosis, prevention and treatment. In the case of a patient under the age of 14 (a minor patient), as well as a patient who has been declared incapable in accordance with the procedure established by law, medical intervention is carried out with the consent of their legal representatives.
The consent of the patient or his legal representative to medical intervention is not required only in the presence of signs of direct threat to the patient's life, provided that it is impossible for objective reasons to obtain consent for such intervention from the patient or his legal representatives.
If the lack of consent can lead to serious consequences for the patient, the doctor must explain it to him. If the patient still refuses treatment, the doctor has the right to take written confirmation from him, and if it is impossible to obtain it - to certify the refusal by an appropriate act in the presence of witnesses.
A patient who has acquired full civil capacity and is aware of the significance of his actions and can control them has the right to refuse treatment. If the refusal is given by the patient's legal representative and it may have serious consequences for the patient, the doctor must notify the guardianship authorities.

The doctor has the right to refuse further treatment of the patient if:
- the patient does not follow medical prescriptions and at the same time does not endanger the patient's life or the health of the people around him.
- the patient violates the rules of internal regulations of the health care institution and at the same time does not endanger the life of the patient or the health of people around him In this case, all violations must be recorded and documented, and the patient's satisfactory health is confirmed.

The doctor cannot refuse to provide medical care to the patient if:
- such refusal can lead to serious consequences for the patient (violation is punishable by a fine of up to 50 non-taxable minimum incomes of citizens, deprived of the right to hold certain positions or engage in certain activities for up to three years or community service for up to 200 hours or correctional work for up to 200 hours).
- such refusal may lead to the death of the patient or other serious consequences (punishable by restriction of liberty for up to four years or imprisonment for up to three years, deprivation of the right to hold certain positions or engage in certain activities for up to three years or without such).

- apply with a written statement (complaint) to the chief physician;
- apply to the Department of Health with a written statement (complaint) (http://moz.gov.ua/regionalni-upravlinnja);
- apply with a written statement (complaint) to the bodies that protect consumer rights (http: //www.consumer.gov.ua/ContentPages/Yakshcho_V ...);
- apply with a written statement (complaint) to the Ministry of Health;
- contact the Government hotline;
- submit an application for a clinical expert commission to the departments of health care and KEK of the Ministry of Health of Ukraine;
- apply to the court with a statement of claim for consumer protection, compensation for moral and material damage.