Criminal Proceedings in the Medical Field: When Might a Doctor Face a Criminal Investigation?

What most often leads to the initiation of criminal proceedings? 

In most cases, it is the improper performance of professional duties by a medical or pharmaceutical professional (Article 140 of the Criminal Code of Ukraine). This refers to situations where, in the investigator’s view, a doctor acted negligently, while providing medical care. For example, the doctor may have made an erroneous clinical decision or failed to take all necessary steps, causing significant harm to the patient’s health. 

Criminal proceedings under this article are most often opened  against obstetricians-gynecologists, surgeons (particularly plastic surgeons), and dentists.

According to data from the Office of the Prosecutor General, 409 criminal cases were registered under Article 140 of the Criminal Code of Ukraine in 2025, and 305 in January-August 2026 alone. However, the registration of proceedings  does not in itself mean that a guilty verdict will follow. 

An adverse treatment outcome alone is not enough to hold a doctor criminally liable. 

What must law enforcement officials establish in cases under Article 140 of the Criminal Code of Ukraine? 

There are three such circumstances. The first is whether the doctor breached  professional duties, which are defined at several levels simultaneously: 

• the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”;
• healthcare industry standards approved by orders of the Ministry of Health of Ukraine, in particular medical care standards and clinical protocols;
• internal job descriptions for medical professionals approved by healthcare facilities.

Case law identifies several of the most common categories of breaches that lead to   proceedings under this article. First and foremost, these are errors in the tactics and techniques of surgical interventions. Law enforcement officials determine whether the doctor made a timely decision to perform surgery, whether all necessary steps were taken during the procedure, and whether the standards for pre- and postoperative patient care were followed.

Misdiagnosis is also a common ground  for initiating an investigation. Investigators examine whether the established diagnosis corresponded to the patient’s actual condition and whether the prescribed treatment led to a deterioration in the patient’s health.

Law enforcement also pays particular attention to underestimating the severity of a patient’s condition. For example, a doctor may have failed to recognize symptoms or complications in a timely manner or may not have attached sufficient importance to them, thereby missing the opportunity for effective medical intervention.

Finally, a separate group consists of cases involving inadequate post-procedural medical monitoring. Here investigators determine whether medical professionals adequately monitored the patient’s health and responded promptly when it began to deteriorate.

The second circumstance the investigation must establish is whether the patient suffered serious consequences. These include death, serious bodily injury, in particular, the loss of an organ or the loss of an organ’s function, as well as termination of pregnancy, the spread of a disease or infection, mutilation, disability, etc.

However, establishing a breach of professional duties and the occurrence of grave consequences are insufficient conditions for holding a healthcare professional criminally liable. Therefore, the third and most important factor is the existence of a causal link between them. 

In other words, the investigation must rule out all alternative explanations, including the rapid progression of a disease, latent pathology, and other factors that were objectively beyond the doctor’s control. It must prove that it was the doctor’s own actions or omissions that caused the adverse consequences.

What evidence carries the most weight   in such cases? 

In practice, the prosecution’s case rests on a forensic medical expert, without which it is impossible to establish all the circumstances described above. Yet even with such a conclusion, the prosecution does not always succeed. In 2025, only 10 convictions were handed down under Article 140 of the Criminal Code of Ukraine. 

At the same time, there are grounds to believe that the number of prosecutions will grow. Until recently, medical care standards did not cover nearly all clinical situations. Today, the Ministry of Health of Ukraine is consistently approving an increasing number of clinical protocols. Each new document effectively expands the scope of a doctor’s duties, any breach of which may result in criminal liability. 

What penalties apply for improper performance of professional duties? 

Depending on the severity of the consequences, Article 140 of the Criminal Code of Ukraine provides for punishment in the form of correctional labor and restriction of liberty, as well as imprisonment for up to 3 years. The court may also revoke a doctor’s license to practice medicine.

In addition, disqualification from practicing medicine is imposed on the doctor as a criminal penalty.

What does a doctor face for refusing to provide medical care to a patient? 

Article 139 of the Criminal Code of Ukraine establishes separate liability for failure to provide medical assistance to a patient. As of the end of 2025, 27 criminal cases had been opened under this provision, and 21 were opened between January and August 2026.

These proceedings mostly concern refusals to provide emergency medical care. A typical scenario involves ambulance crew members refusing to examine and hospitalize a patient.

How does Article 139 of the Criminal Code of Ukraine fundamentally differ from Article 140 of the Criminal Code of Ukraine? 

Some  circumstances are common to both articles. The investigation establishes the fact of a breach of professional duty and a causal link to the consequences (if any). The improper performance of professional duties, Article 139 of the Criminal Code of Ukraine has two important distinguishing features. 

First, it applies exclusively to omissions, where a healthcare professional intentionally failed to provide assistance, even though they were aware that this could have serious consequences for the patient. Second, in proceedings under Part 1 of this article, law enforcement officials do not need to prove that the patient’s health was actually harmed. In other words, criminal liability may arise solely from the refusal itself, even if no negative consequences actually occurred. 

At the same time, Article 139 of the Criminal Code of Ukraine further requires establishing  whether the medical professional had a realistic opportunity to provide assistance and whether there were valid reasons for refusing. Such reasons may include, for example, simultaneously providing care to another patient in critical condition, the medical professional’s own illness, circumstances of force majeure, and so on. 

However, a doctor’s lack of a specific specialization is not a valid reason for refusing to provide emergency care, since a medical professional is required to have  basic emergency medical care skills.

Liability under Article 139 of the Criminal Code of Ukraine includes penalties ranging from a fine and community service to imprisonment for up to 3 years, as well as the revocation of the right to practice medicine.

What other actions may result in criminal liability for a medical professional? 

In addition to Articles 139 and 140, there is another provision that, in practice, primarily applies to medical professionals. This is Article 143 of the Criminal Code of Ukraine on violations of the procedure for the transplantation of human anatomical materials. In 2025, 76 criminal proceedings were initiated under this article, and 13 were initiated between January and August  2026. 

Case law shows that most criminal proceedings under Article 143 of the Criminal Code of Ukraine concern  the illegal sale of blood and its components. The  typical scheme works as follows: medical professionals at hospital blood banks, who have access to donated blood, organize its illegal sale.

Depending on the gravity of the offense, this article prescribes penalties ranging from a fine and community service to imprisonment for up to 8 years.

Criminal proceedings involving healthcare professionals have long since gone beyond isolated high-profile cases. The grounds for prosecution of a healthcare professional vary widely,from a clinical decision to conduct involving access to donated blood. Therefore, it is essential to understand when  liability arises.

Regardless of the grounds for initiating proceedings, the consequences of criminal proceedings can be serious. Even if the case never reaches a conviction, years of pre-trial investigation and trial  can cost a doctor their reputation and career. That is why timely legal assistance often determines the outcome of the proceedings.

This article was prepared  by Anastasiia Shapoval, Attorney at law at Criminal Law and White Collar Defence practice at GOLAW