The problems of defence in the national legal system of patient‘s rights to health and the care are analyzed in this paperwork. It has to be taken into consideration both facts that the state has committed itself to caring after a person‘s constitutional right to health (The Constitution of LR 53 art.) and that this legal order is transferred to the statute by the Constitution, giving it not only the responsibility for sharing limited resoursces but the strong power as well, which becomes the supremacy of the statute but not the supremacy of Law (recognition of the priority of human rights). Furthermore, the establishment of the rights to health is closely related with both the administration of the healh care system and the creation of a certain legal institutional base. Subsequently, the possibillity to improve administration emerges with the conception of the state under the rule of Law, whereas statutes are created to protect and realize specific human rights. In addition to this, the recognition of the supremacy of Law requires to formulate clearly the goals of the statutes, which definitely needed to be focused on the content of statutes. Therefore, the supremacy of Law becomes a criterion according to which a juristical order of a particular law, the legitimacy and social efficiency of statutes are evaluated. However, the goals of the statutes regulating the national health system and patient‘s rights are changed by indicating the legal order and defining the juristical regulation object. Thus, the necessity to create measures of legal order disappears in case the statutes become socially efficient without having the possibility to operate since the establishment of order coincides with the goals of law. This uncovers the reason why the constitutional person‘s right to health and health care, as well as, to its acessibility becomes unprotected, ends in itself here and is not implemented.

Raktažodžiai: patient, patient‘s rights, patient‘s rights to healh, health care, health care accessibility