Lawsuits against doctors have long been the norm in Western countries. There, they are perceived not as pressure on medical professionals, but as a tool for accountability and improving the healthcare system. How exactly such processes can influence medicine and shape the rules of the industry, read in the UNN material.
Legal proceedings in cases of medical negligence in developed countries are an integral part of the functioning of the healthcare system. They are not an exception, but rather a tool that allows evaluating the actions of doctors, forming standards of medical care, and ensuring the protection of patients' rights.
At the same time, the very existence of such a practice does not mean that every case of a possible violation reaches court. According to lawyer Valeriia Odintsova, founder of LLC "Law Firm "LOGIC", international statistics show that cases of medical negligence are not isolated, but a significant part of them never become the subject of judicial review.
Statistics from countries such as the United States of America, Germany, and Great Britain indicate that the percentage of medical negligence cases ranges from 0.8% to 1.2% of all patient appeals. However, if you believe the same statistics, less than half of the victims seek real protection.
At the same time, legal proceedings themselves are a common practice in the medical field. As the expert notes, more than half of doctors worldwide (61%) face lawsuits from patients during their careers. However, the percentage of accountability as a result of legal proceedings regarding medical negligence is significantly lower. Most often, lawsuits regarding medical negligence arise in high-risk areas, particularly in surgery, obstetrics, neonatology, and reproductology.
It is important that the key role of legal proceedings in cases of medical negligence lies not only in establishing responsibility, but also in shaping the rules of the healthcare system as a whole. As Valeriia Odintsova explains, it is through court decisions that it is determined what is considered proper medical care and what is a deviation from standards.
Judicial precedents form the practical implementation of medical protocols or determine the consequences of their violations in specific cases. In turn, the recognition of cases of medical negligence and the effective protection of the interests of the injured patient ensure a fair assessment of the actions of the healthcare system and the availability of information.
In addition, such processes perform another important function – they increase the transparency of the system. When cases of possible errors or negligence become the subject of judicial review, patients gain an understanding of how the accountability mechanism works and whether it can be effective. In fact, it is about building trust in medicine as an institution.
At the same time, excessive concentration on legal responsibility also has a reverse effect. Odintsova points out that an increase in the number of legal disputes can lead to a redistribution of resources – instead of developing medicine, they are spent on legal protection.
There is a risk of an increase in the number of unfounded appeals by citizens to law enforcement and judicial bodies, and, as a result, instead of investing in the quality of treatment or innovation, resources are directed to legal protection and bureaucracy.
That is why, the expert emphasizes, an effective model for the functioning of the healthcare system is based not on a purely punitive approach, but on a balance between responsibility and support for medical professionals. In such a model, legal processes do not destroy the system, but serve as a tool for its development – they discipline participants, increase requirements for the quality of services, and at the same time allow identifying weaknesses that need changes.
Thus, international practice demonstrates: the responsibility of doctors for errors is not pressure, but a standard of modern medicine. And it is through judicial mechanisms that the system receives feedback from the patient, which allows it to become more transparent, predictable, and safe.
Recall
Currently, a high-profile court case is underway in Ukraine regarding the death of patient Adnan Kivan during treatment at the Odrex clinic in Odesa. Doctors Vitaliy Rusakov and Maryna Bielotserkovska are in the dock, accused of improper performance of professional duties, which could have led to the patient's death (Part 1, Article 140 of the Criminal Code of Ukraine).
According to the investigation, after the surgical intervention, the patient was not prescribed the necessary antibacterial therapy, and no proper response was provided to postoperative complications. As a result, as established by the forensic medical examination, the patient developed sepsis, which could have caused his death.
The court must determine whether the doctors' actions were a deviation from medical protocols and whether there is a causal link between the treatment and the patient's death. The next court hearing is scheduled for May 5, 2026.