Professional activity of medical lawyer

Abstract

The main aim of the article is a comprehensive study of the theoretical and legal aspects in the context of defining ways of interaction between the professions of lawyer and doctor, to justify the need to assist a medical lawyer and to reveal the main features of his professional activity. To achieve this goal, a comprehensive study of the civil, criminal and administrative legislation of Ukraine regulating the professional activity of a medical lawyer was conducted, the activity of which is aimed at ensuring the proper realization of a person's right to health care, medical care and medical insurance. The results of scientific researches on this subject are analyzed by both Ukrainian scientists and many foreign scientists (USA, Canada, Great Britain, Russia, Belarus, etc.). Different methods of scientific cognition were used during the research. The comparative-legal method made it possible to compare the peculiarities of the legal regulation of the activity of the medical lawyer to Ukraine and other countries. Using the system-complex method, both common and distinct features between the profession of lawyer and doctor were investigated. Based on the dialectical method, it is concluded that there are significant differences in the professional activity of the lawyer and the doctor, and many cases their fields of activity, which leads to the existence of certain ways of interaction between them. Other methods were used in the work, in particular: formal-logical, dogmatic, analysis and synthesis. Based on the conducted research the relation between the professions of the lawyer and the doctor is revealed, which indicates the presence of both several common features and significant differences between them. The main ways of interaction between a lawyer and a doctor are described, in particular, the essence of the most common way of their interaction in the field of jurisprudence is revealed, which is to involve a specialist doctor (usually a forensic expert) to provide an expert opinion. The role and peculiarities of the need for the professional assistance of a medical lawyer are described not only for patients but also for doctors and the medical institution as a whole.