Medicine Doesn't Forgive Mistakes. Neither Does the Law
Medical malpractice
CEС / FME
MSEC / MEB challenge
Doctor defense
Art. 140 CC
Proving medical malpractice in Ukraine is extremely difficult. Professional solidarity among doctors, inaccessibility of documentation, and complexity of medical expert assessments leave patients defenseless. But every minute of delay reduces the chances of success — documents are rewritten and disappear.
O'LAW attorneys in Lviv know how to break through this wall. We understand medical protocols and care delivery algorithms. We know how to turn «medical secrecy» into court evidence. Current as of 2026.
Critically important: act immediately
The first thing unscrupulous medical facilities do after an incident — rewrite or «lose» medical documentation. O'LAW attorney obtains originals through an official attorney request (Art. 24 Law «On the Bar») within 5 business days — before they disappear. If there is a destruction risk — we simultaneously file a motion to freeze documents in court.
Patient rights most frequently violated
Right to medical recordsThe hospital must provide a copy of your medical record on request (Art. 285 CC). Refusal is illegal
Right to informed consentAny treatment or surgery — only with your written consent (Art. 43 Fundamentals of Healthcare Law)
Right to a second opinionYou have the right to consult another doctor or hospital at any time
Right to refuse treatmentYou may refuse proposed treatment (except emergency situations)
Right to confidentialityMedical secrecy — your data cannot be shared without consent (Art. 286 CC)
Right to free emergency careEmergency medical assistance — free regardless of insurance status
How we protect patient rights: 4 steps
01
Immediate evidence collection
Attorney request for medical documentation, surveillance camera footage, witness statements. If needed — motion to freeze documents before they are destroyed or altered.
02
Medical documentation audit
We analyze the medical record for compliance with Ministry of Health protocols. We identify discrepancies in dates, prescriptions, discharge summaries. We find deviations from care delivery standards.
03
CEС and Forensic Medical Examination
Supporting the Clinical Expert Commission (CEС) at the Regional Health Department. Commissioning an independent forensic medical examination (FME) to establish causal link between doctor's actions and harm.
04
Court and compensation recovery
Civil lawsuit — material damages (medications, treatment, rehabilitation, lost earnings) and moral damages. Simultaneous criminal proceedings under Art. 140/139 CC when grounds exist.
Where to complain about a doctor in Lviv: action order
1
Chief physician of the facilityWritten complaint describing the incident. Response — within 30 days. Record the submission date (incoming number).
2
Lviv Regional State Administration Health DepartmentApplication to convene CEС. Result — conclusion on quality of medical care. Parallel to step 1.
3
NHSU (hotline 16-77)For facilities under National Health Service of Ukraine contract. Effective for primary care and hospitals.
4
Police 102Report of criminal offense under Art. 140 CC or Art. 139 CC. Pre-trial investigation is opened.
5
CourtCivil lawsuit for material and moral damages — regardless of criminal proceedings outcome.
Doctor's liability — Criminal Code articles
up to 3 yr
Art. 140 Part 1 CC
Improper duties performance — health damage
Improper duties performance — health damage
up to 5 yr
Art. 140 Part 2 CC
Serious consequences or patient death
Serious consequences or patient death
up to 3 yr
Art. 139 CC
Failure to provide medical assistance
Failure to provide medical assistance
Other medical law services
MSEC challenge
Legal assistance for unfounded refusal to establish disability group. MSEC decision review through court, appointment of new medical commission.
MEB challenge
Defense of military personnel in disputed Military Expert Board decisions: fitness for service, category, health-based deferment.
Doctor and clinic defense
Protection of medical professionals from unfounded complaints («patient extremism»), CEС and Ministry of Health inspection preparation, patient contracts, medical licensing.
Medical insurance disputes
Patient rights protection when insurer refuses to cover medical expenses, recovering medical insurance payments.
Legal framework
Medical law is governed by: Civil Code Art. 285 (patient's right to medical records); Art. 286 (medical secrecy); Art. 1168 (compensation for disability-caused harm and moral damages); Art. 1172 (medical institution liability for employee's actions); Art. 1195 (compensation for loss of working capacity); Fundamentals of Healthcare Law Art. 36, 39, 43 (patient rights, informed consent, medical secrecy); Art. 77 (medical institution liability); CC Art. 139 (failure to assist sick person); Art. 140 Parts 1/2 (improper performance of medical duties); Law «On the Bar» Art. 24 (attorney request).
Frequently asked questions
Health cannot be returned. But justice can be restored
Don't delay — every day reduces the chance of preserving evidence. O'LAW attorney will assess case prospects on the day of contact.
Suffered from medical negligence?
Act immediately — documents may be destroyed. O'LAW attorney will protect your rights.
- +38 063 404 67 68
- +38 068 679 52 51
- t.me/olaw_help
- o3law.company@gmail.com
- 32 Doroshenka St., Lviv
- Mon-Fri 10:00-19:00, Sat 10:00-14:00
