Medical law and its place in the system of law and legislation in Ukraine. Legislative provision in healthcare in Ukraine. • The concept, object, method and principles of medical law. • Medical relations: concept, types, composition. • System and a source of health law. • Legal provision of health care in Ukraine: current state and prospects of development. • International legal acts in the field of health.
Medical lawis the area of law.A set of rules which regulate social relationin the area of human health(e. g. relations between patients and hospitals,patients and medical workers,medical worker and healthcare facility).The rights, duties and responsibility related to diagnostics, treatment and other medical activity.
Health Law = ? Medical Law
Basic criteria for selection of law branches • The object of regulation • Similar social relations for regulation. • What is regulated by this branch of law? • The method of regulation • A set of legal instruments which influence to the relationship (object) • How do the rules regulate the social relations?
The object of medical law – the social relations which occur during medical activity The methods of medical law — a set of legal instruments which regulate social relations during medical activity Administrative legal method Civil legal method • Organizational, governmental and management instruments for medical activity • The rules are compulsory for subordinate units • The parity of subjects of relations. • The opportunity for independent determination of subjects behavior (patients may choose the hospital and doctor)
Health relations • Health relations appear during the process of implementation of human rights for health, which are the follows: • during medical care(treatment and diagnostic procedures); • medical preventive procedures; • forensic activity; • sanitary and hygienic procedures etc. • The relations, which are closely related to health ones: • organization and management of health care; • medical insurance; • licensing of medical activity; • accreditation of medical facilities; • expertize of medical care quality etc.
Basic Prinsiples of Medical Law • General legal principles : • Social justice, • Humanism, • Legal equality, • Legality, • The unity of legal rights and duties. • Principles of medical law: • • respect for human right in health care; • • priority for preventive measurements; • • accessibility of medical care; • • social protection of humans in the case of loss of health; • • responsibility of state authorities for health care; • • legal Basis for human rights in health care.
The social relations acquire ordering regarding to law and thus become legal relations The primary feature of medical relations is their occurrence from human moral rights – life and health. Medical legal relations — are like a result of the influence of medical (health) law to the behavior of medical law subjects.
ClassificationMedical legal relations are: • vertical • One of subjects has authority (power) • The other one is subordinate. • horizontal • Legal equality of subjects
Classification According to directions of activity medical legal relations are the follows: • Sanitary, hygienic and antiepidemic procedures; • Measurements for prevention of dangerous infections, quarantine; • Free medical care; • Paid medical service; • Medical insurance; • Medical expertise; • Compulsory medical measures.
Classification According to activity of subjects: • Active Implementation of action (e. g. the duties of medical personnel to provide medical care) • Passive Abstinence from activity (e. g. do not disclose medical secrets).
Medical legal relations structure(the characteristics of medical relations according to its internal structure) Subjects Objects Content
Subjects are the participants of relations which have subjective rights and juridical duties.Subjects: - Subjects which provide medical care. - Subjects which receive medical care. - Subjects which contribute to medical care provision.
According to propertySubjects which provide medical care are: State Municipal Private
Subjects which contribute to medical care provision : Financial and economic, Staff, Social, Juridical.
The main feature of subjects of medical legal relations is ability to have capacity. In Ukraine this term is divided into legal capacity (an ability to have legal rights and duties) and active capacity (an ability to acquire new legal rights and duties)
A person becomes a subject of medical legal relations (patient) after: a)expressing the consent for providing him medical care by the medical facility which provide necessary medical services; b)oncoming of medical indications for receiving proper medical care.
Medical facility becomes a subject of medical legal relations after: a)agreement with patient; b)acquiring all requirements; c)legal registration; d)acquiring license for medical activity; e)availability of qualified personnel.
The object ishuman life and health. There is an important discordance between target settings of patient and medical facilities with its medics due to relationship to the object
The content of medical legal relations is a set of subjective rights and juridical duties of subjects related to objects. They should match each other and are implemented in the subject`s behavior. E. g. Subjective right of a patient to give the doctor an agreement for treatment or not. But he has a juridical duty to perform all doctor`s prescriptions and work rules of the hospital. At the same time doctor has a juridical duty to provide a necessary medical care, but he has a rights to abandon the patient who does not carry prescription. They match.
The system of medical law is its internal structure. • Branch of law; • Educational discipline; • Legal science.
As a branch of law Medical law structure is based on: Institutes of medical law Rules of medical law Sub-branches of medical law a set of similar rules of medical law structural element of legal system, which is separate part of medical law that regulates similar groups of social relations mandatory rules of behavior designed to regulate medical relationships and is provided by state power
As an educational disciplineMedical law consists of: Special part Includes a lot of institutes devoted to a regulation of particular kind of social relations. They are: Family planning and reproductive function; Paid medical services; Psychiatric care; Defects of medical care etc. General part includes rules that are relevant to all institutions and segments of the health law. It rules regulate: • Organization of health care system; • human rights in health care; • protection of human rights etc.
As a part of legal scienceMedical law consists of : • Theoretical basics of medical law; • Relations of medical law and other branches of law; • Searching of optimal methods of regulation of new directions of medical activity; • Improvement of juridical and medical education etc.
Sources of medical law are — • the external view of medical legal rules. • Features of Medical law sources of Ukraine: • presence of constitutional provisions Ukraine devoted to general problems of regulation of medical practice (Article 49); • existence of a common legal act in the field of medical practice - Basic Laws of Ukraine on Health of November 19, 1992; • rules governing the medical relationship, often located in other areas of law (criminal, civil, administrative, etc.)., due to the previously complex nature of medical law.
Criteria for classification • of Medical law sources: • Juridical power. • The object of regulation. • The character of regulation. • The scope.
Juridical power: Statutes • are accepted according to the special rules, • dedicated to the most important areas of medical practice, • are accepted by the highest legislative organ (of Ukraine) Regulations • are accepted on the basis of Statutes, • are accepted by the government, other governmental authorities, local governments, local counsils etc. • solve local problems of health care
According to objects: спеціальні Exclusively medical relations general • Wide range of relations – both medical and other ones
According to character of regulation: procedural Regulate an order, procedures of implementation of the rights and duties matherial • Regulate content of medical legal relations – the rights and duties
According to the scope: • General (national); • Local.
International sources Convention on Human Rights and Biomedicine ( 1997). International documents on health care (mainly the World Medical Association , established in 1947 ): International Code of Medical Ethics , adopted by the General Assembly World Medical Association in 1948, as amended in 1968, 1983, 1994 ; Declaration of Geneva of the World Medical Association adopted in 1949, with amended 1968 and 1983 , focused on graduate medical universities - the future doctors. Recommendations for physicians conducting biomedical research on humans (1964 ); The Lisbon Declaration on the Rights of Patients (1981 )
International sources Twelve principles of medical care in any system Health (1983); Guidelines for the provision of health care in rural areas (1983); Statement on the use of psychotropic drugs andabuse them ( 1983); Statement on the use of anti-personnel assets and abuse them ( 1983); Statement on Freedom of contacts mizhlikaryamy (1984 ); Declaration of human rights and personal svobodymedychnyh workers ( 1985); Statement of live (1985 );
International sources Declaration of independence and professional freedom of doctors ( 1986); Application for training medical personnel ( 1986); Declaration on euthanasia (1987) Declaration on the transplantation of human organs (1987 ); Madrid Declaration on professional autonomy and self-government of physicians (1987 );