Мeдичнe пpaвo в дiї: мiж зaхистoм пaцiєнтa тa вiдпoвiдaльнiстю лiкapя

The study of medical law issues is topical, confirmed not only by external factors such as the full-scale war with the Russian Federation, the martial law regime, and the unwavering course towards European integration, but also by the internal dynamics of the medical field’s development. This dynamic encompasses the introduction of new technologies, the expansion of private medical practice, and the urgent need to adapt national legislation to international standards. The article highlights the problem of determining the place of medical law in Ukraine’s national legal system, its sources, and ensuring a proper balance between protecting patients’ rights and establishing fair liability for medical professionals. Particular attention is paid to the challenges facing medical law in wartime, including the destruction of medical infrastructure, resource limitations, and threats to the lives of medical personnel and patients. Issues related to the application of new technologies, such as artificial intelligence and telemedicine, and the associated legal aspects of patient rights protection are also considered.

The article substantiates the need for a profound scientific understanding and practical improvement of the mechanisms of medical law. It emphasizes the necessity of revising existing legal norms and creating new mechanisms for regulating medical services, especially in wartime when traditional approaches prove insufficient. The importance of creating effective mechanisms for the realization and protection of patients’ rights is also justified, particularly considering the challenges of martial law and the need to rebuild an effective healthcare system.

The research methods included the analysis of normative legal acts, particularly the Constitution of Ukraine, the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care”, the Civil Code of Ukraine, and the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses; the study of scientific works by domestic and foreign scholars; the analysis of judicial practice, including decisions of the European Court of Human Rights and national courts; and a systemic approach to studying medical law as a comprehensive branch of law.

The article analyzes the formation and development of medical law in Ukraine, its place in the national legal system, the system of medical law sources, fundamental patient rights, and the institute of legal liability of medical professionals (civil, criminal, administrative, and disciplinary). It examines the current challenges facing medical law in the context of war and technological development, particularly the problems of telemedicine application. International approaches to adapting legal systems in healthcare and the role of monitoring healthcare providers by the National Health Service of Ukraine (NHSU) are also considered. The authors of the article believe that in modern Ukrainian realities, it is extremely important not to only theoretically comprehend the place of medical law and patients’ rights but also to actively work on creating effective mechanisms for their realization and protection, especially considering the challenges of martial law and the need to rebuild an effective healthcare system. An effective medical law system should ensure not only mechanisms for accountability but also conditions for preventing medical errors.

The work concludes that medical law in Ukraine is increasingly asserting itself as an independent comprehensive branch of law, a science, and an academic discipline. Its subject matter includes legal relations in medical activities, the legal status of subjects, and legal liability. The system of medical law sources is complex. Fundamental patient rights are legislatively enshrined, and medical professionals bear civil, administrative, or criminal liability for violations. Modern challenges, particularly war and technological development, exacerbate problems in the field of medical law. Particular attention is paid to concepts such as: medical law as a branch of law, science, and academic discipline; the system of medical law sources; patients’ rights (to health care, information, confidentiality, quality medical care); legal liability of medical professionals (civil, criminal, administrative, disciplinary); quality of medical care and healthcare standards; telemedicine. The expediency of further improving healthcare legislation, clearly defining and regularly updating medical care standards, developing a system of professional liability insurance for medical workers, and raising the level of legal awareness among patients and medical professionals has been established. The authors propose their own suggestions for improving the functioning of medical law in Ukraine by: improving the normative legal framework, including the possible development of a Medical Code of Ukraine and special legislation on new technologies; regularly updating medical standards; strengthening the role of clinical expert commissions and developing mediation for out-of-court dispute resolution; raising legal awareness of the parties; developing special protocols for wartime conditions; strengthening cybersecurity of medical data; introducing professional liability insurance for medical professionals.