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Defense of Medical Professionals in Criminal Proceedings Related to Improper Performance of Professional Duties

Legal defense of medical professionals in criminal proceedings related to the provision of medical care and the assessment of a physician’s actions, taking into account clinical protocols, standards, and the actual conditions of treatment.

What is defense of medical professionals in criminal proceedings related to improper performance of professional duties?

Defense of medical professionals in criminal proceedings concerning their professional activities is a distinct specialized area of our practice. Medical practice is associated with an increased level of responsibility, as clinical decisions are often made under time constraints, with incomplete information, and with a high risk to the patient’s life and health.

At the same time, complications or an adverse treatment outcome do not always indicate improper performance of professional duties. Criminal proceedings in such cases require a thorough analysis of clinical decisions, compliance with medical protocols and standards of care, and the actual conditions in which medical assistance was provided.

The GOLAW team provides defense for medical professionals, including anesthesiologists, surgeons, obstetricians and gynecologists, emergency medicine physicians, resuscitation specialists, and intensive care physicians, in criminal proceedings related to the provision of medical care. Such cases, in particular, may be classified under Article 140, Article 139, Article 145 of the Criminal Code of Ukraine, etc.

How we work: Key stages of cooperation

  1. We thoroughly analyze the circumstances of each individual case and the medical records.
  2. We identify and assess criminal law risks for the physician.
  3. We develop an individualized defense strategy taking into account the medical specifics.
  4. We support clients during interviews, searches, and other investigative actions.
  5. We ensure defense at all stages of the criminal proceedings.

Key lawyers

Dr. Valentyn Gvozdiy
Dr. Valentyn Gvozdiy
  • Managing Partner, Attorney at law, PhD
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Sergiy Oberkovych
Sergiy Oberkovych
  • Senior Partner, Attorney at law
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Igor Glushko
Igor Glushko
  • Partner, Head of Criminal Law and White Collar Defence practice, Attorney at law
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Angelika Moiseeva
Angelika Moiseeva
  • Partner, Attorney at law
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Kateryna Tsvetkova
Kateryna Tsvetkova
  • Partner, Litigation and Dispute Resolution practice, Attorney at law
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We are trusted

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Frequently asked questions

  • What is considered improper performance of professional duties in the context of holding a medical professional criminally liable?

    Improper performance of professional duties is a situation where a medical professional, without valid reasons, fails to take actions they were required to perform under their job responsibilities and medical standards, and such failure results in severe consequences for the patient and is in a direct causal relationship with those consequences.

  • What are the most common grounds for initiating proceedings under Article 140 of the Criminal Code of Ukraine?

    In practice, criminal proceedings are most often initiated due to incorrect diagnosis, errors during surgery, inadequate monitoring of the patient’s condition, and failure to respond in a timely manner to the patient’s deterioration.

  • I learned that criminal proceedings have been initiated. When should I contact a lawyer?

    You should contact a lawyer immediately after you become aware that criminal proceedings have been initiated, even if you do not yet have the status of a suspect. Early legal support helps avoid mistakes and reduces risks at the initial stage.

  • How should I act if law enforcement authorities contact me or come to my workplace?

    You should not provide explanations or hand over documents without a lawyer’s involvement. You have the right to legal assistance from the first moment of such interaction. You also have the right to communicate with law enforcement representatives through your lawyer.

  • I am the head of a healthcare institution. How should I act if criminal proceedings have been initiated against my employee?

    Criminal proceedings create reputational and financial risks for a healthcare institution, so seeking legal assistance is advisable. The fact that criminal proceedings have been initiated in itself is not grounds for disciplinary or HR decisions. The head of the institution should act within labor and criminal law and ensure proper legal interaction both with the employee and with law enforcement authorities.

  • In what cases may I face criminal liability under Article 140 of the Criminal Code of Ukraine?

    A deterioration or exacerbation of the patient’s condition in itself does not give rise to criminal liability. To establish liability, it is necessary to prove a causal link between the physician’s actions and the negative consequences for the patient, as well as deviations of those actions from clinical protocols or professional standards. At the same time, in the event of a patient’s death or serious harm to health, the patient or their relatives may file a report with law enforcement authorities, which may serve as grounds for initiating criminal proceedings.

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