RIGHT TO MEDICAL CARE: SOME ASPECTS OF NORMATIVE REGULATION

Abstract

Some aspects of the right to medical care as one of the fundamental personal non-property rights of an individual have been considered in the article. Attention has been paid to the insufficiency of normative which is legal regulation of legal relations in the specified sphere, as well as to the need to modernize the normative legal base. The relevance of the research topic, which is associated with the rapid development of relations in the field of medical law has been indicated. The structure of the right to medical care has been considered. In this structure, based on the analysis of national legislation, the right to effective and affordable medical care, including free medical care; the right to freely choose a doctor, the choice of treatment methods in accordance with the recommendations of the doctor and the health care institution; the right to medical information; the right to secrecy about health; the right to informed voluntary consent as to medical intervention; the right to refuse medical intervention; the right of a patient undergoing inpatient treatment in a health care facility to be admitted by other health professionals, family members, guardian, trustee, notary, lawyer, and clergyman for worship and religious observance have been allocated. It has been suggested to include the right to medical rehabilitation and the right to vaccination in this structure. In the article special attention has been paid to ethical and legal issues of transplantation of anatomical materials to humans in Ukraine. It has been noted that transplantation should be considered from the angle of the right to medical care. Attention has been paid to the peculiarities of the civil law contract for the provision of medical services, as well as to the peculiarities of the classification of these contracts. From the point of view of practicality of applying, the classification according to which the identified agreements are divided into: a) contracts on medical care of the population; b) contracts for the provision of medical services; c) mixed contracts for the provision of medical and other services; d) contracts in the medical field that provide medical services or medical care has been supported.