On April 2, 2013 the Minister of Public Health of Ukraine, corresponding member of NAMS of Ukraine, D.Sc. in Medicine, Honored Doctor of Ukraine, Professor Raisa Bohatyriova conducted the second public online lecture for students and higher-education teaching personnel of medical universities and medical community of Ukraine on “Medical law”.
The event initiated by the Ministry of Public Health of Ukraine generated the same keen interest as the first online lecture by Raisa Bohatyriova that was held on February 25. Almost 7,000 representatives from 18 higher medical and pharmaceutical education establishments of the country were listening to the lecture. Among them are 300 students and lecturers of the National University of Pharmacy.
Minister of Public Health of Ukraine voiced governmental emphasis in the sphere of medical law, which requires reforms against the backdrop of rapid development of medical industry in general:
– New legal relations between the subjects of medical law (doctor-doctor, doctor-state, doctor-patient), and active development of concepts and practices related to the medical law in health care pushes us again to focus on patient’s rights, and what rights health care workers have in order to be able to defend their honor and dignity. Today, the development of law is not in time with development in medical care technology.
Medical law is now at the stage of rapid development, there is a growing interest of medical law scholars and practitioners of law and medicine, there is a shift from the public and scientific interest to state recognition of the role and importance of the scientific and practical direction for health care system and human security in medicine. Knowledge of law fundamentals in medicine, effective legislation in the health care system is the key, on the one hand, to protection for health care workers, on the other hand, is the basis for observance of patients’ rights.
Professor Bohatyriova noted key factors of applicability of practical use of medical law:
- comforts that are subject to regulation by medical law – human life and health as the highest social value;
- legal nihilism of subjects of medical legal relations;
- features of the implementation of medical practice, particularly in certain areas of the industry (transplantology or use of new reproductive technologies);
- significant amount and diversity of legislative provision of health care;
- formation of attitude of active patient;
- development of information technologies in the health care sector;
- partial loss of confidence in the profession and the need to mend fences in “doctor-patient” relationship;
- negative connotation of implementation of medical practice.
Currently under consideration in the Verkhovna Rada of Ukraine is the draft Law “On protection of the patient’s rights”.
Data from the State Registry of court decisions show the increase in number of so-called “medical cases”. Every year in Ukraine are recorded in average up to 1500 appeals regarding violations of standards by medical personnel, health care reports, ethical, deontological rules and regulations. 40% of them are related to complaints of incorrect actions of medical personnel, 21% are related to the unsatisfactory treatment in hospital, 17% – of the poor medical care in outpatient clinics and 16% are related to the death of the patient, and 6% of the complaints are related to rude, formal attitude to the patient. Most of people complain directly to the court without prior appeal to public healthcare authorities. On the average, the amount of compensation for such claims is 40-50 thousand UAH.
– So it can be said that in Ukraine annually the amount of money spent by the state to meet commitments on compensation of damage of patients may be more than 50 million – noted the Minister of Health.
Interesting and informative online lecture of Raisa Bohatyriova turned into a lively dialogue, as anybody who wanted was able to ask questions that alarm the most. Thus, students of the National University of Pharmacy asked about reasonability and mechanism of licensing imported medicines.
– Lately, there is many talking about counterfeit medicines, medicines with low or unproven therapeutic effect. It is to guarantee the quality of drugs supplied to Ukraine was conceived licensing procedure for imported medicines. However, with public participation a discussion was opened as about how these regulations may result in disruption of supplies of medicines to Ukraine, especially those required for the treatment of dangerous diseases – tuberculosis, AIDS, cancer, – emphasized Raisa Bohatyriova.– To avoid such disruptions, was introduced the principle of permissive receipt of a license for import. For today there were submitted 151 applications from importers and almost all of them were licensed carry on their business activities on our territory, and we do not see any problems with supply. But since December 1, 2013 will function more accomplished procedures for obtaining licenses, and by that time we should together with all concerned parties improve this regulations.
Almost two hours of communication with the Minister of Public Health of Ukraine passed very quickly. Not all questions could be asked, however this opportunity as Professor Raisa Bohatyriova assured the listeners of online lecture will appear again very soon. Interactive communication with students and professors of medical and pharmaceutical HEI leader Ministry of Public Health of Ukraine plans to make regular.
