Areas for further improvement of legislative regulation of patients' rights in Ukraine

Abstract

OBJECTIVE: Introduction: The article reviews issues of legal regulation of patients' rights in Ukraine, analyzes the patient-doctor relationship, proposes the legislative approval of new patients' rights and the need of adoption of a single legislation of these rights. The aim of this work is to conduct a detailed study of legal regulation of patients' rights in Ukraine and the EU countries, to identify the areas for further improvement of the legislative regulation of patients 'rights in Ukraine, ways of harmonization of national legislation with international standards, which regulate patients' rights. PATIENTS AND METHODS: Materials and methods: we analyzed national and international regulation of patients' rights, case law of the European Court of Human Rights (ECHR), national court judgments. We also used historical, comparative-legal methods, and instruments of analytical research and empirical study. CONCLUSION: Conclusions: In Ukrainian law many patient rights are not defined, but are applied in medical practice, therefore, they require legal regulation. In particular, they include: the right to convene a consilium; the right to refuse medical interference; the right to terminate treatment, etc. In addition, with the development of medicine, scientific and technological progress, there are some issues, which arise and need to be legally defined, among them: the rights and responsibilities of the patient during transplantation, artificial insemination, medical research, etc. When making health policy, the concept of trust and respect for patients, their autonomy or constructive partnership with them should be taken into account. Doctors need to take a more active part in discussions and debates with patients. Independence of patients in decision making processes must be provided by law, and the rights and obligations of all parties must be clearly reflected in the relevant documents.