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"Emergency medicine" 8 (55) 2013

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Legislation of Ukraine and the work of the physician in Medicine of emergency conditions

Authors: Vazquez Abanto H.E - Emergency Department of the central district clinic Obolon district, Kiev city, Ukraine.

Categories: Medicine of emergency

Sections: Clinical researches

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According to the Universal Declaration of Human Rights, adopted by General Assembly resolution 217 A (III) of the General Assembly of the United Nations, (UN), dated December 10, 1948 [13] the International pact about the Economic, Social and Cultural Rights, adopted by General Assembly resolution 2200A (XXI) of the General Assembly on 16 December 1966. [13], ratified by Ukraine and the European Social Charter (994_062), adopted in 1961, which entered into force in 1965 and reconsivered by the Council of Europe 03.05.1996, signed by Ukraine on 7 May 1999 [11], and a many other documents and recommendations of the World Health Organization (WHO) and the World Medical Association (WMA), a significant portion of which Ukraine ratified, the state’s responsibility is tocare about human health and to ensuring its protection in accordance with the modern standards of developed countries the world [13, 14]. The role in the field of health care and the International Labour Organization (ILO) in questions of medicine work and safety at work isn’t less important.

In honor of the adoption of such a fundamental international act in the field of human rights, the Universal Declaration of Human Rights, accordingon to the other of General Assembly of the UN is the international day of protection of human rights on December, 10 is annually celebrated, this year the 65-th anniversary is celebrated.

The rights of the physician too are in this context, and their realization, as it is fairly noted by experts of the rights causes the most of all questions medical workers at implementation of professional activity by them [5].

In continuation of the previous article in this magazine "Violation of the rights of physicians or let's do not be silent!" [10] and also articles in the News of Medicine and Pharmacy "In search of that legal protection of the physician" [9] noted that the issue of legal culture physician is more than ever relevant in the Ukraine. [1] But no means it does’nt mean that we apply for the expert in the field of law, but it is we need to think about their legal and physical safety in the course of implementation of the medical activity [9, 10].

The political will and time in the country today others, and the situation in health care is heated to a maximum. Reforming health care in the world and in Ukraine in particular, requires a completely new approach now, because of what the priorities for change and the need for the development of medical law are obvious. The likelihood of developing this area of law with regard to the interests of practicing health professionals, ourselves - is high at the moment like never before.

Changes in the political and economic system necessarily entail the transformation of goals and objectives, and methods of their solutions are designed to adapt to the new and the real conditions and opportunities of both the state and society. The transformations begun in Ukraine, it is possible with a certain delay, are the necessary requirement of modern development of society.

So, earlier published our articles [7, 9, 10] concerning the rights of physicians reflect the existence of serious problems for employees in the field of health care in Ukraine at implementation of the professional functions. But the rights need to be defended!

On the basis of the personal experience the author will try and to work further over these questions. We will do everything from us depending to share results of the supervision, reflections and actions with the medical public. And all because really we believe in real changes to the best in prevalence of a letter of the law.

Despite of the fact that much still it is necessary to make concerning the rights of physicians, on the basis of normative legal acts available for today we have opportunity to protect the interests. Need for further improvement of the legislation for improvement of this protection, policy promise to develop and further. It is continuous and constantly developing process [2, 6].

The knowledge of the key moments of the present legislation, and also the main international normative legal acts in the field of health care, gives the chance to physicians to protect legally significantly itself at the appeared conflict situations in the daily work and to prove the actions (or to reconsider the inaction) at implementation of the duty regulations in Medicine emergency conditions and [9, 10].

Medical Officer of each subject should be remembered that from the professional execution of their duties depends on the health and life of the patient, so must be clearly aware of their actions or omissions and their consequences. The provision of emergency medical care, knowing your rights and responsibilities of a professional to act without any guidance. A doctor should be independent and professionally, confidently and without hesitation to take immediate action, guided first of all his personal erudition and medical training, patient interests (sick or injured). The doctor shouldn't forget about own physical and legal safety.

Directives, requirements, orders from the management have to be written, within duty regulations, but even in that case the doctor has to consider carefully (The constitution of Ukraine, Art. 60) the professional acts [9, 10]. It is necessary to understand firmly that only he has the right to solve how to work in such situation – to connect other experts (the head of the establishment or the official of any rank) or not, and he will be responsible for these actions before the law first of all one. The physician can have then problems with the management (including officials of Ministry of Health) – at worst it is problems of administrative character (often unfair and what to do? From the administration don't wait for gratitude! ) but it will prove to be as the true professional and minimizes probability of criminal liability [9, 10].

So, today the doctor can't stop the continuous training and improvement until the end of the profession of a physician. While the doctor works, he is obliged by the profession to study and accumulate not only constantly replenishing baggage of theoretical knowledge and data, but also invaluable, practical, constantly analyzed experience (the and others). To it the contents of this article – to enrichment of knowledge in the field of the rights [8] are directed.

Ordinary physicians, heads and organizers of health care have to consider, except the legislation, specifics and the economic capacity of the country, not only the international experience and the best indicators of the certain countries in the field of health care [18], but also existing standard and legal standards of the international organizations of health care, in particular WHO and WMA.

Fundamental international standard and legal documents in the field of health care are documents WMA [12]. The knowledge of these normative legal acts is important addition, and sometimes and a basis, in our daily work.


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