Medical errors in Ukraine: a retrospective review of court decisions from 2007 to 2024

Background. Medical errors are a serious issue of public health in the world and belong to leading causes of deaths. Despite this, legal consequences of medical malpractice in Ukraine have been studied insufficiently. This study aimed to identify the legal consequences of medical malpractice in Ukraine. Materials and methods. Official statistical data concerning medical crimes registered in the Unified Report on Criminal Offences Nationwide since 2013 and decisions of Ukrainian courts in 2007–2024 were fully analyzed and processed using descriptive statistical methods. The study employed a content analysis approach and descriptive statistical techniques. Data were manually extracted, categorized, and tabulated in Microsoft Excel for further processing. The following variables were collected and analyzed: year of registration, medical specialty of the defendant, type of final judgment and nature of the imposed punishment. Results. During last 12 years, 6,739 criminal cases have been initiated in Ukraine under Article 140 “Improper performance of professional duties by a medical or pharmaceutical worker” of the Criminal Code of Ukraine. Only 0.47 % of such cases were brought to the court. Obstetrics and gynecology, surgery, anesthesiology, therapy and traumatology are in the top list of high-risk medical specialties. In every second criminal case related to improper medical care and submitted to court, the guilt of the medical worker was fully confirmed by the court decision. In 152 (55.47 %) of the 274 court cases, the guilt of the healthcare professional was confirmed. In 28 cases (10.22 %), the court issued an acquittal. Another 23 cases (8.39 %) were returned for further investigation due to procedural errors or insufficient evidence. Among the cases where guilt was established, 113 defendants (74.34 %) were released from criminal liability. Only 34 (22.37 %) resulted in convictions. The most frequent reason for exemption was amnesty (47 cases, 30.92 %), followed by the expiration of the statute of limitations (33 cases, 21.71 %). Additional grounds included reconciliation between parties, sincere repentance, or death of the accused. Conclusions. Criminal cases against medical professionals in Ukraine proceed to trial very rarely (0.47 % of malpractice cases). Obstetrics-gynecology, surgery, therapy and anesthesiology are high-risk medical specialties in Ukraine. In every second criminal case against doctors that reaches trial, the court confirms the guilt of the medical professional. Punitive measures are seldom applied, and Ukrainian judicial practice tends toward leniency in adjudicating medical malpractice cases. Transitioning from criminal to civil adjudication, accompanied by improved mechanisms for patient compensation and legal clarity, would better align Ukrainian practices with international standards.