Attorney
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.
Appealing a doctor’s decision/actions
Medical care should be not only professional, but also legal, in compliance with all ethical and legal norms. Unfortunately, patients sometimes encounter poor-quality treatment, erroneous diagnoses, inaction of doctors, or even gross violations of medical standards. In such cases, everyone has the right to appeal the actions of a medical professional or a medical institution in general.
What rights does a patient have regarding the provision of medical care?
- To receive qualified and free primary medical care, including consultations, diagnostics and treatment of common diseases, as well as preventive services;
- To freely choose / change a doctor and a health care institution, as well as to agree or refuse the proposed methods of treatment;
- To receive reliable information about the state of one's health, diagnosis, examination results and prescription;
- To medical confidentiality, including the fact of seeking help and data from medical examinations;
- For specialized and palliative care, including in-patient care, with relief of physical and psychological suffering;
- For treatment abroad, in case of unavailability of necessary care in Ukraine;
- For donation, participation in medical and biological research, use of reproductive technologies with consent;
- For legal protection and compensation for harm caused to health during treatment;
- To appeal the actions or inaction of doctors / medical institutions.
How to appeal a doctor's decision or actions?
Every patient in Ukraine has the right to appeal the actions / inaction of a medical professional or healthcare institution in case of violation of his rights.
The patient has the right to contact:
- the head physician of the institution - submit a written application / complaint and be sure to register .
- The local department / health department.
- To the local government hotline or the Government hotline - 1545.
- The Clinical Expert Commission of the Ministry of Health - in cases of suspicion of improper provision of medical care (for example, errors in diagnosis or ineffective treatment).
- The Consumer Rights Protection Inspectorate - to protect rights related to the quality of services.
- Judicial protection - when other mechanisms have not yielded results.
How to appeal a doctor's actions through the court?
Appealing a doctor's decision through the court is possible, but it is usually recommended to first try to resolve the issue out of court. If this fails, then in this case you should go to court.
Having collected evidence and prepared a statement of claim, you should send the documents to the court at the place of residence and registration. Be sure to indicate your claim, regarding which you want the court to make a decision.
What are the terms for considering a pre-trial application?
- standard term - 15 days;
- in the event that a detailed study of the problem is necessary - 30 days;
- if more time is needed and it is impossible to study the information within the thirty-day period - 45 days.
Speaking of compensation for damage caused by a doctor, the statute of limitations for filing a claim with the court is 3 years.
Recommendations for appealing against medical malpractice
First, be sure to keep medical records, test results, referrals, prescriptions, receipts, and all documents that confirm your request for help. This is the basis for drawing up a substantiated complaint or filing a lawsuit.
Secondly, do not sign anything without familiarizing yourself with the content. Pay special attention to wording that may mean a waiver of claims. Clarify all ambiguities before signing.
Third, conclude a written contract with a medical institution (if it is a paid service), as this legally protects you and clearly defines the scope of liability of the parties.
Fourth, contact another doctor to confirm / refute the correctness of the diagnosis, treatment, or actions of the previous specialist.
Fifth, consult with a lawyer who will help you properly file a complaint, submit it to the appropriate authorities (medical institution, health department, Ministry of Health, court) and monitor compliance with your rights.
How can we help?
Involving a lawyer in the process of appealing medical decisions significantly increases the chances of successfully defending your rights. After all, having a lawyer automatically adds weight to your position - both for the medical institution and for regulatory authorities. You will be taken more seriously, understanding the possible legal consequences of the case.
Also, drawing up a substantiated pre-trial claim requires taking into account many legal nuances, evidence base and the specifics of medical law. It is difficult for a person without professional training to do this, so the help of a lawyer specializing in medical disputes is critically important.
In addition, if you do not have some of the necessary documents (for example, a medical record or a report), a lawyer can submit a lawyer's request for their official request.
And if the case reaches court, legal support will become not just desirable, but mandatory for the correct drafting of a statement of claim, representation of interests and protection of your rights in the legal process.
Calculate the cost of services
1 question
Do you believe that the doctor’s decision resulted in harm to the patient’s health?
2 question
Is there documented evidence of the doctor’s actions or decisions?
3 question
Was the patient adequately informed about the diagnosis and treatment options?
What to do if I am not in Kyiv?
Medical law covers a very wide range of services, and most of them can be provided remotely – with modern technologies, this is not only possible but also more convenient and efficient. Even court sessions are not an obstacle – we participate in them online.
At the same time, it is possible for a lawyer to travel outside Kyiv and the region to provide certain services.
Contact and clarify information by phone!
How can I get a disability group?
In order to understand whether you can receive a disability group, a lawyer studies your medical documents in detail, consults with specialist doctors, and then concludes whether you have grounds for registering a disability and which group.
If there are grounds, the lawyer gives comprehensive advice on what and how to do to maximize the chances of receiving a positive opinion of the medical board.
If necessary, the lawyer provides full support.
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