How to legally go to the hospital is not at the place of "registration»?
Probably almost every Ukrainian faced a problem when he refused to serve in a particular municipal institutions of the city, for the reason that he said it is not the place « registration » (Registration, if the terminology of the law to operate). Even more urgent this question for visitors to the city, which by then orother reason are not registered according to the actual place of residence and, in particular, for non-resident students.
In this article, we speak of the medical institutions of the city. Does it still guide clinic right indicate the patient at the door if it is registered in another area of ??the city or even in another area?
The answer to this question lies on the surface. Even a cursory glance at the legislation is enough to understand that such failures medical completely illegal .
The Constitution guarantees everyone the right to health protection and medical care. In turn, Article 38 of the Fundamentals of Ukrainian legislation on the protection ofHealth provides every citizen of Ukraine the right to free choice of doctor.
And according to the same law, each patient can be served at any medical institution of Ukraine for your choice.
As we can see, the law is not a single word about the « residency & raquo ;.
I would like to make a reservation, hthen any links physicians to any instructions, orders or decrees – illegitimate , as if the past and there are, in principle, they directly contradict the Constitution and the basis of the legislation on the protection of Health of Ukraine, and hence, have no legal force .
You should also payreaders' attention to the following sentence from this article the fundamentals of legislation regarding the capacity to provide appropriate assistance. In this case, it does not give health workers the right to invoke congestion or other medical institution « obstacles & raquo ;. This phrase simply means that the future mothers, for example, may not requireamb genital examinations in dentistry. That is a medical facility should have the necessary equipment and specialists.
How to « motivate » health worker who refuses to provide assistance?
Article 139 of the Criminal Code provides for punishment ups up to three years in prison for refusing to provide assistance with health care.
Moreover, the decision of the court the offender may be prohibited from practicing medicine for a period of up to three years.
The doctors are well aware of this article for inaction on their part, so that even the mere mention of oralform of such liability can be very effective for the patient's perspective.
If the problem « on-site » you do not leave, a written complaint in any form to the Department of Health of the Odessa City Council (Gorzdrav) itemizing the law, which is referred to generally remove all the qwasps. Most importantly do not forget to identify health worker who refuses to provide medical care. This is much better than to complain about the clinic as a whole.
Instead of a conclusion
Of course, when it comes to health, failure to provide medical care can hardly warrantingments of the heritage of the Soviet era – residence registration system. In addition, the Hippocratic oath and the laws as yet has not been canceled.
The main thing to always remember that in the Ukrainian medicine will start to change something for the better only when it begins to require the majority of citizens. Aware of their rights – first step towards this.
Sergei Rosinets lawyer in Odessa,
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