Protecting pacient rights as part of European culture: the criminal aspect

Abstract

The article is focused on the theoretical analysis of patient rights protection as a structural element of European culture and examines this issue from a criminalistic perspective. In the context of the Europeanization of legal systems and the consolidation of supranational standards for the protection of human rights, the patient’s right to safety, informed consent, confidentiality of medical information, and quality medical care is acquiring the status of not only an industry benchmark but also a value-based benchmark of the European legal order. The aim of the study is to identify the relationship between the formation of European identity and the development of mechanisms for the criminal law and criminalistic protection of patients’ rights. The work is theoretical in nature and is based on an analysis of doctrinal sources, regulatory acts of the European Union and member states, as well as the application of systemic, comparative legal, and formal legal methods. This paper supports the argument that the protection of patient rights is an indicator of the level of legal culture in society and trust in public institutions. The criminalistic aspect of the problem manifests itself in the need to develop specialized methods for investigating crimes in the healthcare field, establishing professional standards of behavior for medical workers, proving the cause-and-effect connection, and distinguishing between medical errors and criminal acts. Particular attention is paid to the use of forensic medical examination and digital evidence in the context of the digitalization of healthcare. The conclusion is made that effective criminalistic protection of patient rights contributes to the strengthening of European culture, the formation of legal awareness, and the implementation of the principle of the rule of law in the European Union.