After the Odrex clinic scandal, the Verkhovna Rada started discussing the reform of criminal liability for medical negligence

The death of a patient on the operating table, in a dental chair, or during inpatient treatment is a tragedy that in Ukraine often turns into a multi-year court process without a final resolution. The high-profile "Odrex Case" and numerous reports of patient deaths within medical facilities have highlighted the global problem of the unprotected Ukrainian patient and, at the same time, the concentration of criminal liability solely on doctors. The relevant parliamentary committee acknowledges that it is time to change the rules of the game, UNN reports.

The need to amend legislation in the context of criminal liability for improper performance of professional duties by medical workers was stated by People's Deputy, member of the Verkhovna Rada Medical Committee Viktoriia Vagner. According to her, the current version of Article 140 of the Criminal Code of Ukraine (improper performance of duties by a medical or pharmaceutical worker, which led to serious consequences for the patient (death, disability). Punishable by restriction or deprivation of liberty for up to 2 years (Part 1) or up to 3-5 years (Part 2, if the victim is a minor), does not allow for effective punishment for patient death.

From my point of view, the current version of Art. 140 of the Criminal Code of Ukraine is not effective enough as a tool for bringing to justice in cases of patient deaths, because its composition and evidentiary standards in real cases often make the result (a guilty verdict) unlikely. Firstly, it is very difficult to prove a causal link between "action or inaction and as a result death" beyond a reasonable doubt. Secondly, evaluative formulations ("improper performance", "serious consequences") leave room for different interpretations and make proceedings vulnerable to acquittals due to unproven elements. Also, the focus is on a specific employee, while in many fatal cases the cause is systemic: shifts, routing, lack of equipment or medicines, protocols, management decisions. The criminal process "personalizes" guilt where it may be organizational

The consideration of medical negligence cases directly depends on the quality and independence of forensic medical examination. That is why, as Vagner explains, the issue of amendments to criminal liability under Article 140 of the Criminal Code cannot be separated from the reform of the expert system. The parliament is already considering draft law No. 6284-2 "On Forensic Expert Activity", which provides for changes in approaches to the organization and control of forensic examinations.

The sanctions of Art. 140 are relatively mild, which reduces both the preventive effect and the motivation of the parties to bring the case to a conclusion. The key problem is proof, so strengthening sanctions alone will not solve the key problem. If we move towards changes, I would consider a package that increases both justice for patients and legal certainty for doctors. The best result can be achieved through a combination of: clarifying standards or levels of guilt with reforms of expertise and investigation, as well as effective civil compensation mechanisms. The system for investigating "medical" cases needs changes, not only in sanctions, but also in procedure: independence of expertise, transparent distribution, and strict deadlines for appointing and conducting examinations. The Criminal Procedure Code declares reasonable terms, but without judicial control and procedural "stoppers" cases can drag on for years

People's Deputy, Deputy Head of the Verkhovna Rada Medical Committee Oksana Dmytriieva shares a similar opinion. She also emphasizes the need to distinguish between professional error, criminal negligence, and systemic management failures.

High-profile medical cases that have been in courts for years indicate a systemic problem. The issue is not only the severity of criminal liability, but also the fact that Ukrainian legislation still lacks a clear distinction between criminal negligence, professional error, and a systemic defect in the organization of medical care. Because of this, patients' families wait for years for a fair decision, and doctors work in constant fear of criminal prosecution even in complex clinical situations. Such a model creates neither trust nor safety. Ukraine needs a system that simultaneously protects patients' rights, provides a fair professional assessment for doctors, and distributes responsibility not only to the performer, but also to the institution and management decisions. I am convinced that we must move from reacting to individual tragedies to creating transparent and predictable rules that will increase trust in the medical system.

Recall

The impetus for a new wave of legislative discussions was the high-profile "Odrex Case". After the death of businessman Adnan Kivan within the walls of the scandalous Odrex clinic, the story gained wide publicity. It later turned out that the Odrex clinic and its medical staff were involved in 10 criminal proceedings under articles on improper performance of professional duties, fraud, and intentional murder.

Against the backdrop of media publications and numerous stories from former patients and their families, an activist movement StopOdrex was formed, which collects and anonymously publishes in Telegram people's reviews about treatment in the scandalous clinic. This case exposed a systemic problem: in Ukraine, the patient remains virtually unprotected, and responsibility in complex "medical" cases is concentrated mainly on specific doctors.

At the same time, organizational and managerial decisions of medical institutions rarely become the subject of proper legal assessment. A situation of deep injustice arises: it is the clinic administration that forms internal rules and creates the system in which medical professionals are forced to work. However, when it comes to court, doctors become "scapegoats," while the management of medical institutions remains in the shadows and bears no responsibility.