Iryna An

Attorney

Phone numbers
+38 (093) 007-44-11

Medical lawyer. Specializes in protecting the rights of doctors and patients, handling medical malpractice and liability cases, supporting disability determination and appeals procedures, and providing legal analysis of medical documentation.

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Case: The clinic was ordered to release the biomaterial of the deceased serviceman

Medical law
Reading time: 2 min.

Service: Judicial protection of patient rights / protection of patient rights

Description of the client’s situation

The widow of a deceased military serviceman contacted our team.

During the husband’s lifetime, the couple underwent treatment in a reproductive clinic, where the husband’s biomaterial and embryos were stored. After his death, the question arose of determining the legal fate of this biomaterial.

The main problem was that the husband did not leave a written order in the event of death, and the current legislation of Ukraine does not contain clear norms that would regulate such situations. This created a risk of the clinic refusing to provide the materials or destroying them after the expiration of the storage period.

What did we do to obtain the biomaterial of the deceased military serviceman?

Our lawyer prepared a motivated application to the clinic, which outlined the legal grounds for implementing the will of the deceased and the legal rights of the widow as a patient who underwent treatment under the same contract. During the negotiations, the lawyer substantiated the legality of the client’s claims, relying on the available documents that confirmed the deceased’s will – in particular, a living will, which granted the right to dispose of certain issues, and an agreement on the use of assisted reproductive technologies concluded by the spouses.

Despite convincing arguments, the clinic refused to make a decision on its own, fearing legal consequences. In this regard, our lawyers prepared a lawsuit, and the lawyer accompanied the client at all stages of the process.

Thanks to a professionally chosen legal strategy and an appropriate evidence base, the court recognized the widow’s claims as legitimate and ruled in her favor.

Photo confirmation of the work result

This decision became important not only for a specific client, but also for the formation of judicial practice in the field of reproductive rights of families of deceased servicemen, which had previously not been sufficiently regulated in Ukrainian law.

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Do you need a lawyer for legal defense as a patient?

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Are you located in Kyiv or Kyiv region?

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Do you need the service urgently?

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