Healthcare Sector Reform: Experience of the United States and Ukraine to Exclude Medical Errors, Risk Study in the System of Legal Relations "Doctor-Patient-Pharmacist-Expert-Lawyer"

The article analyzes the healthcare reforms of the United States and Ukraine through the prism of forensic pharmaceutical, forensic medical and criminal law risks in the legal relations "doctor-patient-pharmacist-lawyer". 7 examples of medical errors that led to serious consequences, including death, were investigated. In the United States, the insurance model provides innovation, but focuses on the treatment of chronic diseases, causing a crisis (Presidential Commission "Let's Make America Healthy"). Ukraine is switching to the Medical Guarantees Program through the National Health Service of Ukraine, but it retains systemic problems: poor training in medical/pharmaceutical law, insufficient control of the Ministry of Health and the State Service of Ukraine on Medicines and Drugs Control over the circulation of medicines. Most of the proceedings under Part 1 of Art. 140 of the Criminal Code of Ukraine are mistakenly qualified – Part 2 is required; Some cases require the addition of Art. 119, 121, 137 of the Criminal Code of Ukraine. The pharmacist must participate in the prescription of drugs to assess dosages, interactions, contraindications in accordance with DFU 2.8 (introduced on 01.08.2025). It is recommended to legislate the "medical error" as a legal category with personal responsibility, preventive monitoring, CPD for pharmacists/nurses (from 2024), clinical and anatomical conferences. WHO emphasizes competency regulation for patient safety. Reforms require organizational and legal measures: uniform criteria for the qualification of errors, the involvement of pharmacists in therapeutic decisions.