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.
Highlights
The Constitution of Ukraine proclaims the protection of the basic values of society - the life and health of citizens
The rights of the patient are universal, they apply in all situations of medical services
From our point of view, the concept of “medical secrecy” is information about the disease, medical examination and results, treatment and prevention of the disease, the intimate and family aspects of a citizen’s life, the fact of a person applying for a medical service, and other information obtained during a medical examination of person
Summary
The Constitution of Ukraine proclaims the protection of the basic values of society - the life and health of citizens. The relevance of this study emphasizes the active development of information technology, the introduction in Ukraine of e-health systems “E-Zdorovya”, “eHealth”, and “Helsi”, which include the use of electronic prescriptions and medical records, electronic medical histories of patients and requires additional legal ways to protect information. These data indicate the scientific and practical significance of this work. The disclosure of medical secrets can lead to mental suffering and material loss to the patient This will be the basis for compensation for non-pecuniary damage by a person whose actions led to a violation of the confidentiality of medical secrets. The problem of realizing the patient’s right to access information in the field of medical activity, the ways of its protection in Ukraine and the whole world is quite acute and relevant
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