... insufficient level of medical care? What are the procedures for submitting a complaint to the relevant authorities and protecting one's rights in such situations?
... insufficient level of medical care? What are the procedures for submitting a complaint to the relevant authorities and protecting one's rights in such situations?
According to point "i" of part one of Article 6 of the Law of Ukraine "Basics of Ukrainian legislation on health care", every citizen of Ukraine has the right to health care, which includes, in particular, appeals against illegal decisions and actions of employees, institutions and health care authorities. I.
The extrajudicial mechanism includes the following ways of protecting rights:
appeal (complaint) to an official/chief physician of a medical institution;
appeal (complaint) to the health care department of territorial authorities;
appeal (complaint) to the Ministry of Health of Ukraine;
appeal (complaint) to the State Service of Ukraine for Medicinal Products and Drug Control;
parliamentary control over the observance of human rights (appeal to the Commissioner of the Verkhovna Rada of Ukraine for human rights).
You have the opportunity to contact the officials of the health care institution in order to express your suggestions, comments or complaints about the activities of medical workers that violate their rights, or other circumstances unfavorable to the patient. A complaint about the violation of the patient's rights can be submitted both orally and in writing, by one person or a group of persons (collectively).
You can contact the head of the health care institution with an appeal regarding the violation of rights. In the case of the inability or unwillingness of the medical institution to eliminate the detected violations, the patient has the opportunity to turn to the relevant competent authorities in the field of health care, for example, to the health care department of the local state administration, within the territorial jurisdiction of which the patient's rights were violated . Also, a person who believes that his rights as a patient have been violated has the right to apply directly to the Ministry of Health of Ukraine, which ensures, within the limits of the powers provided by law, that health care institutions, enterprises, institutions and organizations respect the rights of citizens to health care and patient rights (subparagraph 10 of paragraph 4 of the Regulation on the Ministry of Health of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine dated March 25, 2015 No. 267).
You can submit a corresponding application by contacting the hotline of the Ministry of Health of Ukraine: 0 800 50 52 01, or by filling out the electronic form for citizens' application: https://moz.gov.ua/zvernennja-gromadjan.
If the out-of-court mechanism has not yielded any results or is impractical under specific circumstances, the judicial mechanism may be used. In case of violation of rights, the patient can apply to the court in civil or administrative proceedings, depending on the circumstances and the nature of the violation of rights.