Text Size

Sytenko Institute of Spine and Joint Pathology National Academy of Medical Sciences of Ukraine

Sytenko Institute of Spine and Joint Pathology National Academy of Medical Sciences of Ukraine

+38 (050) 554-10-10

Sign up for a consultation

Patients’ rights and duties

(According to the Constitution of Ukraine, the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”, the Law of Ukraine “On Emergency Medical Care”, the Law of Ukraine “On Personal Data Protection”, the Civil Code of Ukraine)

PATIENT RIGHTS:

  1. the right to medical preventive measures (Article 49 of the Constitution of Ukraine; Article 283 of the Civil Code of Ukraine; Part 7 of Article 4, Articles 6, 31, 32, 53, subparagraph “a” of Article 78 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);
  2. the right to accessibility in the field of healthcare (Parts 1 and 3 of Article 49 of the Constitution of Ukraine; Articles 283, 284 of the Civil Code of Ukraine; Part 4 of Article 4, Article 6 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”; Part 1 of Article 3 of the Law of Ukraine “On Emergency Medical Care”);
  3. the right to medical information (Part 3 of Article 32, Article 34 of the Constitution of Ukraine; Articles 285, 302 of the Civil Code of Ukraine; subparagraph “e” of Article 6, Article 39 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);
  4. the right to consent to medical intervention and the right to refuse medical intervention (Part 3 of Article 28, Part 1 of Article 29 of the Constitution of Ukraine; Parts 3–5 of Article 284, Part 4 of Article 286, Article 289 of the Civil Code of Ukraine; Articles 42, 43 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);
  5. the right to freedom of choice in healthcare, namely:
    • the right to freely choose a doctor;
    • the right to choose treatment methods according to the doctor’s recommendations;
    • the right to choose a healthcare institution;
    • the right to change one’s doctor;
    • the right to receive treatment abroad if such care cannot be provided in healthcare institutions of Ukraine

    (Part 2 of Article 284, Article 633 of the Civil Code of Ukraine; subparagraph “d” of Article 6, Part 1 of Article 34, Part 1 of Articles 35, 35-1, 35-5, 36, 38 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);

  6. the right to medical confidentiality (Parts 1 and 2 of Article 32 of the Constitution of Ukraine; Article 286 of the Civil Code of Ukraine; Articles 39-1, 40, subparagraph “g” of Article 78 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);
  7. the right to personal data protection (Article 6 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”; the Law of Ukraine “On Personal Data Protection”);
  8. the right to quality medical and rehabilitation care (Part 1 of Article 49 of the Constitution of Ukraine, Part 1 of Article 284 of the Civil Code of Ukraine, Articles 6, 78 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);
  9. the right to safe medical care (Part 1 of Article 49 of the Constitution of Ukraine, Part 1 of Article 284 of the Civil Code of Ukraine, Articles 42, 44 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);
  10. the right to innovations, namely:
    • the right to biomedical experiments;
    • the right to donation;

    (Part 3 of Article 28 of the Constitution of Ukraine, Parts 3 and 7 of Article 281, Part 4 of Article 289, Part 1 of Article 290 of the Civil Code of Ukraine, Articles 45, 47, 48, 51 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);

  11. the right to an individual approach to treatment (subparagraph “d” of Part 1 of Article 6, Part 1 of Article 38, Part 3 of Article 39, Part 3 of Article 43 of the Law of Ukraine “Fundamentals of Ukrainian Health Legislation”);
  12. the right to appeal unlawful decisions and actions of staff, institutions, and bodies of healthcare…

PATIENTS’ DUTIES:

  1. comply with medical prescriptions and the internal regulations of the healthcare facility (Art. 10, Part 3, Art. 34 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”);
  2. in emergencies where there is a real threat to life, receive medical care without their consent or the consent of a legal representative (Part 1, Art. 29 of the Constitution of Ukraine, Part 5, Art. 284 of the Civil Code of Ukraine, Part 2, Art. 43 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”);
  3. take care of their own health and that of their children, and not harm the health of other citizens (Art. 10, Art. 32 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”);
  4. undergo preventive medical examinations and vaccinations (Part 4, Art. 286 of the Civil Code of Ukraine, Para. “b” Art. 10, Arts. 30, 31 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”);
  5. provide emergency first aid to other citizens who are in a life- or health-threatening condition (Para. “v” Art. 10, Art. 37 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”; Part 3, Art. 3 of the Law of Ukraine “On Emergency Medical Care”);
  6. fulfil other duties as provided for by health care legislation (Para. “g” Art. 10, Art. 37 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”).

Art. 34 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”:

The duties of the attending physician include timely and qualified examination and treatment of the patient.

The physician has the right to refuse further care of a patient if the latter does not comply with medical prescriptions or the internal rules of the healthcare institution, provided that this does not endanger the patient’s life or public health.

The physician shall not be liable for the individual’s health in the event of their refusal to comply with medical prescriptions or breach of the prescribed regimen.