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.
Medical services contract
A medical services contract is a written agreement between the Contractor (a medical institution or a self-employed doctor) and the Customer (patient). It defines the conditions under which medical care is provided, the doctor’s services are paid for, and liability for poor-quality medical services is imposed. The basis for legal regulation for this type of contract is Articles 633 and 901 of the Civil Code of Ukraine, which at the legislative level establish the existence of a service contract and a public offer contract.
For which medical services can a contract be concluded?
The contract is concluded for any type of medical care provided by healthcare institutions in Ukraine. The main types of services are as follows:
- primary medical care (services of a family doctor, therapist or pediatrician);
- specialized medical care (agreement with cardiologists, surgeons, ophthalmologists, gynecologists, etc.);
- highly specialized medical care (for example, neurosurgical operations).
Important to know! Quite often, an agreement on obtaining medical insurance is concluded in parallel with the analyzed contract. Appropriate agreements are established with the insurance company that covers the costs of medical services. For more detailed information, we recommend that you order a consultation with our lawyer.
Medical services contract: what are its essential terms?
The analyzed type of agreement is based on the principles of civil law and has its own specifics related to the field of healthcare. In order for it to have full legal force, it must contain such essential terms as:
- subjects (the performer is a medical institution or an individual entrepreneur who has a license to practice medicine; the customer is a patient, a sick person or his relative);
- subject (definition of the medical service to be provided, as well as conditions for determining its quality and terms of fulfillment of the relevant terms of the agreement);
- cost and payment procedure (for example, prepayment, in installments);
- grounds for suspension and termination of the agreement (suspension of the terms of the agreement is allowed if the patient has medical contraindications, refuses to sign the necessary documents during treatment, provides false health information;
- termination is possible in the event of systematic failure to fulfill obligations by one of the parties);
- the responsibility of the executor (in case of poor-quality performance of obligations or disclosure of medical secrets).
What is a public contract (public offer) for the provision of medical services?
A public offer is concluded by a medical institution, which is obliged to provide services to any person who applies to it. According to its terms, the institution does not have the right to refuse a person the provision of services without legal grounds. It is quite often concluded by state hospitals and other institutions.
What can be the responsibility of a doctor under a contract for the provision of medical services?
Perhaps the most important point of the contract is the liability of the executor himself. It can be of two types – contractual (when the conditions were fulfilled improperly or not fully), tortious (based on the general norms of the law on compensation for damage). To prove the illegality of the doctor’s actions, various evidence may be required, including screenshots of correspondence, witness statements, receipts for payment, etc.
The main types of liability, depending on the actions of the medical professional, will look like this:
- improper performance without harm to health – return of a certain % of the paid price;
- causing harm to the patient’s health – compensation, including for moral damage;
- death of the patient (if it is proven that this was caused by the negligence of the specialist) – compensation for damage to the relatives of the deceased.
Legal support for the development of a contract for the provision of medical services: what services can a contract lawyer provide?
A contract lawyer, taking into account his own experience, provides comprehensive legal support in the development of a contract for both the customer and the executor. His main services will include:
- analysis of medical legislation;
- creation of an individual draft agreement, taking into account the specifics of medical care and agreements;
- development of a public offer for a medical institution at the state level;
- examination of an existing contract, correction of its shortcomings;
- support for negotiations between the parties.
Thus, a contract for the provision of medical services is a key legal instrument that regulates relations in the healthcare sector and can concern any types of medical care. For violation of the terms of the agreement, the medical institution (or self-employed doctor) is primarily liable, which may vary depending on whether harm was caused to the patient’s health. Given the legal complexity of the aforementioned agreement, legal support is extremely important to ensure the protection of the interests of both patients and medical personnel in general.
Would you like to receive a service for the development/legal audit of a medical services contract? Then we recommend that you fill out the form below and receive an initial legal consultation.
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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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