{"id":5619,"date":"2021-04-01T16:54:00","date_gmt":"2021-04-01T13:54:00","guid":{"rendered":"https:\/\/react-aph.org\/?p=5619"},"modified":"2022-04-19T18:41:49","modified_gmt":"2022-04-19T15:41:49","slug":"what-should-you-do-if-health-professional-refuse-to-provide-medical-care-and-services","status":"publish","type":"post","link":"https:\/\/react-aph.org\/en\/what-should-you-do-if-health-professional-refuse-to-provide-medical-care-and-services\/","title":{"rendered":"What should you do if health professional refuse to provide medical care and services?"},"content":{"rendered":"\n

The right to healthcare and medical aid <\/strong>is guaranteed by the Ukrainian legislature (Art. 49 of the Constitution of Ukraine). However, unfortunately, cases occur when citizens <\/strong>face refusal by healthcare providers to deliver medical care, including hospitalization.<\/p>\n\n\n\n

What do you need to remember and what shall you do in such situations?<\/strong><\/p>\n\n\n\n

  1. First of all, you need to know the meaning of the term \u201chealthcare\u201d. According to Article 3 of the Law of Ukraine \u201cThe fundamentals of the legislature of Ukraine concerning healthcare\u201d (the Fundamentals), healthcare means the activities of professionally trained healthcare providers aiming at prevention, diagnostics, treatment and rehabilitation in connection with diseases, trauma, poisoning and pathological condition and in connection with pregnancy and childbirth.<\/li>
  2. Healthcare includes emergency care; primary healthcare; secondary (specialized) healthcare (outpatient); tertiary (highly specialized) healthcare (inpatient); palliative care.<\/li>
  3. Each patient is entitled to admission to any health facility of choice if is it justified by the patient\u2019s condition and the facility has the capacities to ensure appropriate treatment (Art. 38 of the Foundations).<\/li>
  4. In addition, according to the Law of Ukraine \u201cOn emergency medical care\u201d, any person in need of emergency medical care has the right to seek emergency care in the closest emergency (urgent) medical care unit or another health facility<\/strong> able to provide such medical care.<\/li><\/ol>\n\n\n\n

    According to the Law of Ukraine \u201cOn emergency medical care\u201d, an emergency condition is a sudden deterioration of physical or mental wellbeing posing a direct and imminent threat to the life and health of the person or other people occurring as a result of a disease, trauma, poisoning or other intrinsic or external causes (Art.1 of the Law). A refusal to admit a patient in need of emergency medical care or untimely provision of emergency medical care to a patient in need of such care is unacceptable and will result in criminal charges against the healthcare provider whose duties include providing such care, for failure to provide medical care to a patient if the healthcare provider knows that this may have severe consequences for the patient (Art. 139 of the Criminal Code of Ukraine)<\/strong>.<\/p>\n\n\n\n