LEGAL NATURE OF THE CONCEPT OF CONSUMER OF MEDICAL SERVICES

The article examines the legal nature of the concept of a consumer of medical services and determines its place within the system of civil and healthcare legal relations. The research is based on an analysis of the current legislation of Ukraine governing the provision of healthcare services, including the Laws of Ukraine “On Consumer Rights Protection”, “Fundamentals of the Legislation of Ukraine on Health Care”, and “On State Financial Guarantees of Medical Service to the Population”. Particular attention is paid to the relationship between the legal concepts of patient, consumer of medical services, and client, as well as to their distinctive features and scope of application in legal doctrine and judicial practice. The study substantiates that the concepts of a patient and a consumer of medical services are closely related but not identical. A patient is a specific subject of healthcare legal relations whose status is primarily regulated by healthcare legislation, whereas a consumer of medical services simultaneously participates in healthcare and consumer legal relations and benefits from the guarantees established by consumer protection legislation. In most situations, an individual acquires both legal statuses simultaneously. However, under the system of state financial guarantees, a patient may receive medical services financed by the state without directly paying for them while remaining the final recipient of those services. The article analyzes the legal status of a consumer of medical services as a combination of statutory rights, obligations, legitimate interests, and legal guarantees aimed at ensuring access to safe and high-quality healthcare. Particular attention is paid to the rights to informed consent, confidentiality of medical information, free choice of a physician and healthcare provider, access to complete information about one’s health, and judicial and extrajudicial protection in cases of rights violations. The study also emphasizes the importance of contractual relations in determining whether a person acquires the legal status of a consumer under consumer protection legislation. Special attention is devoted to the recent case law of the Supreme Court of Ukraine concerning disputes arising from the provision of medical services. The analysis demonstrates that the legislation on consumer rights protection applies when medical services are provided within contractual legal relations, particularly in cases involving paid healthcare services. At the same time, the research emphasizes that not every violation of a patient’s rights constitutes a violation of consumer rights. This distinction is particularly important in disputes concerning the operation of the national electronic healthcare system (eHealth). The article concludes that the legal regulation of the status of consumers of medical services requires further improvement in view of the continuing reform of the Ukrainian healthcare system. Clearer differentiation between medical, civil, and administrative legal relations would enhance legal certainty and strengthen the protection of individuals receiving medical services. The findings may be used in further academic research, legislative development, and judicial practice concerning consumer rights in the healthcare sector.