Implementation of the patient's right to obtain information in the concept “health and human rights”

Abstract

The article explores the features of legal regulation of patient’s right to access information in the medical activity field. The reasons for violation of saving of information about patient’s health are the lack of knowledge of law and no understanding the harm that caused if patient’s confidentiality is violated. The analysis of medical confidentiality content, lawful disclosure cases, the conditions and procedure for its legal support. Subjects who received information constituting a medical secret don`t have right to disclose it, legal liability is provided for such norms violation. The medical confidentiality concept and the group of subjects of such legal relations is established. The purpose of the article is to determine the peculiarities of realization of patients’ right to access information in the medical activity field and its protection ways when studying the “health and human rights” concept. Comparative legal and comparative methods were used when studying legislative acts governing the preservation by persons who received information constituting medical secrecy and legal cases of their disclosure. The formal logical method was used to differentiate “medical secret” and “professional secret”. Modeling, analysis and synthesis methods helped to identify the legal basis for protecting the patient`s rights when receiving information about their health, legal responsibility types for its disclosure. The results of this work have determined the legislation of legal problems that arise when patients’ rights to receive reliable information about their health aren`t respected and require immediate resolution.

Examination of Patients’ Attitudes Toward Exercising Patient Rights in a University Hospital in turkey: A Cross-Sectional Study

“…In their study with hospitalized patients, Gurung and Sapkota (2019) stated that most of the participants knew the right to know the treatment, to receive respectful and safe services, to know treatment alternatives, to receive continuous care, to complain about health services, and to confidentiality. Shevchuk et al (2020) emphasized that the patients’ right to receive complete and reliable information about their health is an indispensable right. Perić et al (2018) reported that patients who underwent surgery received sufficient verbal information and did not read the consent form because they trusted their doctors; the reason for not reading the consent form was that the patients evaluated the situation as urgent and were not given the opportunity to think.…”

“…In their study with hospitalized patients, Gurung and Sapkota (2019) stated that most of the participants knew the right to know the treatment, to receive respectful and safe services, to know treatment alternatives, to receive continuous care, to complain about health services, and to confidentiality. Shevchuk et al (2020) emphasized that the patients' right to receive complete and reliable information about their health is an indispensable right. Pericé t al.…”

SECTION 45. Administrative and legal means of protecting citizens of Ukraine in public administration

“…Legal means are the fundamental means of legal support, which have their own characteristics and functional purpose. In the theory of law, the features of legal means include the following: (1) they reflect generalizing legal methods for ensuring the interests of subjects of law, achieving goals; (2) determine the informationenergetic qualities and resources of law, which gives them a special legal force aimed at overcoming obstacles to satisfying the interests of participants in legal relations; (3) combined in a certain way, they are the main functioning parts (elements) of the operation of law, the mechanism of legal regulation, legal regimes (ie, the functional side of law); (4) cause legal consequences, specific results that determine a certain degree of effectiveness or defectiveness of legal regulation; (5) provided by the state; (6) are of a legal nature; (7) have a specific form of expression; (8) reflected in legal documents; (9) have a psychological impact on the subjects of law; (10) is a means of reconciling the interests of society and the individual; (11) fix models of lawful behavior of subjects; (12) determine the nature of the behavior of subjects, taking into account its compliance or contradiction with the requirements of law; (13) stimulate lawful behavior; (14) is an element of the mechanism of legal influence (p. 42-43) 1 .…”

Problems of regulating liability for criminal offences against the life and health of a person committed in the sphere of healthcare

“…2801-XII…, 1992). It has been noted in academic circles (Shevchuk et al, 2020;Tereshko, 2020;Slipchenko, 2021). Thus, information about the fact or results of a medical examination to detect infection with the human immunodeficiency virus, other incurable infectious diseases, or AIDS is a medical secret.…”