Protection of doctors and patients from the criminalization of medical cases: APMI calls for support of the petition

The Association of Private Medical Institutions of Ukraine (APMI) supports a cross-sector initiative aimed at protecting doctors and patients from the risks of unjustified criminalization of medical cases and calls on the professional community to support and sign the relevant petition.

The petition is aimed at establishing clear and transparent rules for investigating deaths of critically ill patients, so that such cases are not unjustifiably classified as “intentional murder” and are not used as a tool of pressure against medical professionals.

The initiators of the petition, together with APMI, include the Ukrainian College of Surgeons, the Ukrainian Association of Clinical Oncology, the International Association for the Development of Medicine “Asklepion,” and DocStream.

The medical community draws attention to cases where the death of critically ill patients becomes a basis for initiating criminal proceedings under charges carrying the most severe qualification, in particular “intentional murder.”

In such cases, this may lead to the use of excessive procedural instruments by law enforcement agencies, including wiretapping, access to medical confidentiality of an unlimited number of patients, pressure on doctors and medical institutions, and the substitution of proper medical assessment with criminal assumptions.

As an example, the high-profile case of Dr. Rusakov is cited, where after the death of a patient with a severe oncological disease, criminal proceedings were initiated under the charge of “intentional murder,” which was later reclassified as “medical negligence.” Notably, the indictment did not specify which clinical protocols had allegedly been violated.

Every year in Ukraine, more than 60,000 people die from oncological diseases. In the absence of clear legal mechanisms, this creates systemic risks for the entire healthcare system.

The petition calls on relevant state authorities, as well as the Committee of the Verkhovna Rada of Ukraine on Public Health, Medical Care and Health Insurance, to initiate official hearings with the participation of the Office of the Prosecutor General and the Main Investigation Department of the National Police of Ukraine in order to develop systemic regulatory changes, including:

  • prohibiting the qualification of deaths from high-mortality diseases as “intentional murder” without sufficient grounds;
  • limiting excessive seizure of medical records and interference with medical confidentiality;
  • requiring law enforcement authorities to clearly specify the exact clinical protocols allegedly violated in procedural documents;
  • strengthening the civil liability framework for medical malpractice through insurance-based mechanisms, as practiced in the EU and the United States.

The implementation of these measures will ensure legal protection for doctors working with complex clinical cases and safeguard patients’ medical confidentiality.

APMI calls on the medical community, patient organizations, and all stakeholders to support the petition and contribute to the development of transparent and fair rules for investigating medical cases in Ukraine.

Signing the petition is a step toward protecting doctors, patients, and the healthcare system as a whole.

Link: https://uasurgeons.org/ua/advocacy