Transplantation Of Organs As The Particular Type Of Medical Services

  • I.R. Ptashnyk
Keywords: organ transplantation, organ donation, moral rights, health care, medical activities.

Abstract

During the research of the issues of the relationship between the concepts «medicalcare» and «medicalservices» author single dout their difference sand similariti es: 1) medical care and medical services may vary by place of their realization and payment for their provision (in state and municipal health care institutions and private entities respectively); 2) the provision of medical care as a general rule is regulated by norms of public law, and the provision of medical services - by private law through conclusion of an appropriate contract for health services;3) medical care is always aimed at achieving therapeutic, diagnostic or prophylactic results, and thought the provision of medical services can be achieved not only healing (recovery) result, but also an additional aesthetic effect.

Thus, from a professional point of view concept “medical care”is broader and includes medical services. However, the legal position of the medical service will be broader than medical care, resulting primarily from the concept of «assistance” and» service».

Through the research of the law on transplantation author analyzed the position of the Civil Code of Ukraine, namely art. 284 «The right to health care» and article 290 «The right to donation». The author concluded that transplantation will be entitled to refer to actions that ensure the right to health care since transplantation is used as a method of treatment only when other methods were ineffective.

Speaking about the relationship between donation and transplantation it is preferable to consolidatethem as two parts of one, because despite the different goals they pursue, the ways how these goals can be achieved, the entities involved - ultimately only through a combination of donation and transplantation the right to lifeas a key moral rights of a person can be provided.

 

Published
2020-01-19