Legal services for medical institutions

Medical clinic advertising

Medical services fall not only under medical law but also under the Consumer Protection Law and Advertising Law. These laws contain clear requirements for healthcare providers to advertise their services.

We will analyze not only the agreement with the advertising agency but also help you to avoid penalties from the State Consumer Service for violation of the requirements for advertising of health care facilities.

The medical center may be faced with dissatisfied patients and other little troubles during its operation

Any business entity may encounter certain issues and difficulties in its activities.

The medical center's troubles have some peculiarities. Frequent troubles that a medical center encounters on a day-to-day basis include:

• disgruntled patients;

• your worker forgot or didn't know that personal and medical information about the patient must be kept private;

• you are required to pay a refund for services;

• you get a temporary access order or subpoena.

Such problems can be solved after they occur, or you can try to avoid them by preparing in advance. In this connection, we:

• Provide you with an algorithm of actions to eliminate misunderstandings with your patient.

• Help protect personal (sensitive) patient data.

• Teach your staff the algorithm of actions for non-standard situations.

• Defend your interests in court.

Defending a medical organization in court

Business activities, especially those in the field of medical services, involve certain risks. A disgruntled patient or counterparty is not always willing to reach an agreement in a pre-trial format. Sometimes a medical center is not even aware of an existing conflict until they receive a court summons.

Our team will help prepare for litigation of any complexity, as follows:

• Collect the evidentiary base;

• Analyze the current legislation at the time of the conflict situation;

• Develop with you a strategy and tactics for the case;

• Represent your interests in court.

We advise our clients to resolve issues in pre-trial proceedings because the court process usually lasts quite a long time - from 2 to 7 years.

But our clients know for sure that 60% of their winnings are due to properly prepared documentation, both for main activities and medical practice.

Drafting Contracts for Medical Center 

A package of services for the preparation of Contracts for the Medical Center includes:

• preparation and development of employment agreements (fixed-term, open-ended, with non-fixed working hours, with different forms of salary payments), and as a bonus a non-disclosure agreement for employees;

• drafting of medical services agreements (public and private);

• preparation or legal analysis of contracts for supply, contracting, and services;

• preparation and support of the contract of lease of premises for the further location of the medical center, analysis of the location, and compliance of the premises with the relevant State Construction Standards of Ukraine;

• Preparation of reimbursement agreements.

Registration of a medical center trademark

Protecting the intellectual property of a medical institution is as relevant as protecting one's business reputation. In most cases, timely registration of a trademark means saved funds, rights, and time for every business project.

Our cooperation in registering a trademark for a medical center begins with the question of what goods and services the trademark will be used for or is intended to be used in the future. In which countries the trademark will be used.

Once these questions have been agreed upon, our specialist:

• conduct a search for similar marks registered or applied for registration;

• analyze the results of the search and the formation of the application;

• submit the application.

Further examination of the trademark by the Ukrainian Patent Office takes about 2 years. There is a procedure of accelerated examination, which takes from 3 to 9 months.

It is not a quick process, but you get protection even earlier than the certificate for the trademark.

Assistance in organizing medical tourism for Ukrainian medical institutions

Medical tourism used to be quite profitable in our country. Of course, the war has made its adjustments in this area as well, but it has not changed the fact that Ukraine has:

• a huge number of highly qualified medical professionals;

• lower cost of medical services;

• the right number of specialized institutions, which are of primary interest to foreign patients.

Before the war, medical tourism had several main areas, including:

• plastic surgery;

• ART (artificial insemination or surrogacy);

• different methods of rejuvenation with cell technologies.

The reasons for the tourist business popularity were also the significant cost of these services in the country of residence of the tourist/patient, and/or the legal prohibition of these types of medical services in certain countries.

Our team has experience with medical tourism, both individually and through intermediaries with well-established processes.

A medical tourist is not just a foreigner and stateless person. There is quite a large layer of our citizens living and working abroad, but receiving medical services in our country.

If a Ukrainian medical institution wants to try itself in the field of medical tourism, it should prepare itself for systematic servicing of foreign patients.

Usually, we help our clients to prepare and support contracts with intermediary companies, which organize a search for medical tourists, their arrival to our country, provision of accommodation, interpreter, etc. In these schemes, the medical center provides only medical services and receives payment for these services directly from the patients or the intermediary company.

We have had cases of cheating by a foreign patient in our practice, this case is currently being reviewed by the court.

If you want to protect your medical business in Ukraine, expand it and ensure that in any conflict situation you will have reliable legal protection, don’t hesitate to contact us.