Subject of proof in cases of improper performance of duties by medical professionals ; Предмет доказування у справах про неналежне виконання медичними працівниками своїх обов’язків

It is indicated that the development of the healthcare system in conditions of war and European integration requires improving the quality of medical care, which will create conditions for the recovery of Ukrainians and Ukraine as a whole. The article examines the features of the subject of proof in cases of improper performance of their duties by medical workers. An overview of the types of possible liability for violation of the Fundamentals of Ukrainian Legislation on Healthcare, in particular, failure to provide or providing inadequate quality medical care, as well as improper performance of their duties by medical workers, including civil and criminal liability, is provided. The statistics of court proceedings under Article 140 of the Criminal Code of Ukraine are analyzed, which allowed illustrating the low efficiency of investigating such cases. It is noted that in order to improve the investigation situation in such categories of cases, treatment protocols should always be examined to see how accurately the diagnosis and proposed treatment were taken into account. It was found that when considering such cases, courts quite often satisfy civil claims for compensation for moral and other damage. It has been established that it is important to attach to the case materials the original medical documents relating to the patient, in particular the medical history and other medical documents that are being kept (outpatient cards, test results, vaccinations, X-rays, patient admission logs, surgical intervention records, ambulance call cards, job descriptions, pathological examination protocols, etc.). In addition, to establish the fact of improper performance by medical workers of their professional duties, it is necessary to prove guilt. In modern aspects of digitalization, it has been noted that an analysis is necessary of whether the digital technologies used in the process of diagnosis and treatment could have led to negative health consequences. A thorough analysis of European practice has allowed us to ...