New legal status of patients’ gratitude to medical workers

Abstract

All forms of corruption are harmful for the society. However, corruption in the healthcare is a particular legal and social problem, given the importance of each individual? s health for the quality of life. The subject of this paper is a critical analysis of the provision of Art. 234 of the Health Care Act. According to this provision, a health worker and a health associate who performs a healthcare activity in a public healthcare institution, a member of professional and other bodies of a public healthcare institution, as well as members of their immediate families, may not seek nor receive any money, gift, service or any other benefit for themselves, their immediate family members or natural and legal persons who may reasonably be considered as interest- related and which may affect the impartiality or professional performance of their duties, that is, which may be considered a reward in connection with the performance of duties and the exercise of healthcare. Exceptionally, gratitude in the form of gifts, advertising materials or samples, of lesser value, that is not expressed in money, and which individual value does not exceed 5%, and the total value does not exceed the amount of an average monthly salary without taxes and contributions in the Republic of Serbia should not be considered as corruption, conflict of interest or private interest. This poses a question whether such provision legalizes corruption in the healthcare system? As far as the Health Care Act was adopted in 2019 and it is not possible to analyze its practical application, it is quite justified to point out to the social danger of such legal solution and its relationship with the provisions of the criminal legislation, which is the aim of this paper. Corruption in healthcare leads to very harmful and dangerous consequences for the victim. The victim of this unlawful behaviour is a patient, who is often dependent on the help of a corrupt doctor, and the question arises of the possibility of exercising the patient?s right to adequate healthcare. In this way, a solid basis can be created for future victimological research in this area