Інформація призначена тільки для фахівців сфери охорони здоров'я, осіб,
які мають вищу або середню спеціальну медичну освіту.

Підтвердіть, що Ви є фахівцем у сфері охорони здоров'я.











"Emergency medicine" 2 (57) 2014

Back to issue

Medical care and the law of the country

Authors: Vasquez Abanto J.E. — Candidate of Medical Science, Physician in the Emergency Department Obolon district of Kyiv. Public non-profit enterprise (Center for primary medical and sanitary help no. 2) no. 3; Vasquez Abanto A.E. — Student of the Bogomolets National Medical University, Nurse in the neonatal intensive care unit of the Kyiv City Center for Reproductive and Perinatal Medicine number 4

Categories: Medicine of emergency

Sections: Specialist manual

print version

As the all health care system, medical work is based on the vast experience gained in the world, as well as on the rapidly developing science, technology and pharmaceutical industries. Based on this understanding, we give following definition: "Medicine as a science is an art — a combination of today's conventional and alternative approaches, in the time of the active and continuous implementation of scientific and technological achievements. Proper organization is the basis of medical work" [10].

A prerequisite for health care in a separate given, tending to the development and integration of world country is a developed social policy [11], fixed by appropriate legislation, material and technical resources. Modern methods of professional management and health management is the key to success in the practice of the legislative framework and any elements of reform.

By the UN General Assembly Resolution (UNG, 34/58, 1979) "Health as an integral part of development" [15] and by the WHO’s Programme the position that the health of the population as a whole and each person as a member of society is essential for the existence and development of the state is set[12, 16].

According to Articles 11 and 13 of the European Social Charter (994_062), the parties consolidated their citizens' right to health, to social and medical assistance. [12] In claim 1 of Article 11 states that the parties to the extent possible, are required to eliminate the causes of ill-health of the population. The third section of the WHO’s report on the health situation in Europe in 2012, states that a central aspect of policy "Health-2020 " is improving the well-being of the population, especially in the context of health. This thesis can serve as a platform for developing common to different sectors Programme of Action, as well as for the implementation of state-wide approach. [14]

The issues of conservation and strengthening of human life and health at all the times and in every country are the center of attention of executives and legislators (for many, but only during the election campaign). This implies the importance of the study of social relations in health care. In the countries of the former Soviet Union for a long time remained in effect administrative-command methods of management and regulation of health care. These methods were a reflection of its time in the recent past, and while largely provided citizens with free of charge and quality care with sufficient funding and the availability of control over the organization and the quality of health care. Official recognition by WHO’s experts of the health system of Semashko in Soviet times as a model for other countries is not accidental.

Progressive development of many orientations of medicine, combined with the general changes in the socio-economic and political spheres of the post-Soviet space required, almost immediately after 1991, adequate adaptation and improving not only the legislative sphere of the health system, but also other related to the field of health care branches of science and practices.

It is the legal and regulatory system plays a major role in the regulation of numerous public relations arising in the process of care. Significant changes (in recent years) of the legal framework of public health protection, a number of subordinate legislation that are necessary for health care reform, require a corresponding change in the mentality of both health professionals and the public, and lawyers working in the health sector [6, 8, 9, 19].

Exposing aspects of the integrated study of the regulation of health professionals at the moment, we are trying to identify the most basic features and characteristics of the regulation, taking into account the existing legislation, and in any case not penetrating into the legal niceties. If necessary materials are considered by rights experts. [4]

Despite the significant changes that have occurred in recent years in the field of legal support health care in the country, there are quite a number of outstanding issues. Because of this especially actual by the study of the legal regulation of medical practice, which is important to the study of the legal status of the patient are characterized. Do not forget at the same time on the legal status of medical [1, 2, 6, 8].

Taking into account the degree of importance of the legislation of each country in solving problems in the areas of health, it is now becoming a necessity not only the knowledge of their duties, but also the rights of every private physician in Ukraine. Understand that the rights are breaking and remain silent — is also a serious drawback for physicians along with other violations of ethical and organizational nature in the course of their medical practice [6, 8].

The other group who is involved in the provision of health services - medical diagnostic heads of institutions and departments of the country's health care — should resolve conflicts more objectively from the point of view of law and without attachment to the mood of any particular individual or the general population [6, 8, 19].

Knowledge of the legal basis of its direct business is a guarantee of availability of physicians to the likelihood of conflict from any legal entity medical (patient or his relative, doctor, hospital, health authority). The only mechanism for solving problems and / or conflicts in health care — it's the law and professional medical peer review, although this is difficult to reconcile many [6, 8, 19].

Long stagnation in the field of change and some resistance in trying to adapt the law and order to the modern standard norms is the most serious obstacle, since I have to live and work in the old order and the current capacity [5].

Based on the need of legal knowledge of medics in addition to given in the article "The Ukrainian legislation and the work of the physician in medical emergencies" as part of this paper we focus the medic reader's attention on the major, in our opinion, Articles of the Criminal (2341-14) and Criminal Procedure (4651-17) Codes of Ukraine (as of October 2013) needed in our practice.

In medical work the main factor is the provision of legal security by the state with its proper legislative framework and appropriate attitude to it from all the subjects of medical activity. It is also important the influence on these processes of social organizations, foundations, private hospitals and medical insurance companies. In this regard, there is actual need for transmission in the future many of the functions of expert independent to professional medical organizations [3].

Back to issue