Rus Articles Journal

How to have legal proceedings with doctors?

Even more often address lawyers people who are dissatisfied with quality of medical care. Especially it concerns usual district clinics which are available practically in each residential district. Many doctors working there are for some reason sure that to punish them for medical errors or for inaction it is impossible in any way. This deep delusion.

What to do if you were going to have legal proceedings with doctors? Occasions for this purpose can be much, to write about it I do not see sense.

1. At first glance in the medical policy, learn where there is your insurance company, and write the letter there with the requirement to carry out expertize of quality of the medical care provided to you. Describe your concrete situation, in detail state the reasons for discontent, symptoms and so forth. Enclose to the copy of your medical record letter. By and large this examination in court will hardly be required, but it can be necessary for you (if, of course, you not diplomaed physician) at a pre-judicial stage for the correct statement of the thoughts and medical terms in various offices (including in an office of the chief physician).

2. Prepare a written claim and go for reception to the chief physician of policlinic. There demand justice, and also pre-judicial compensation of the expenses on additional treatment, the drugs etc. incurred by you which resulted from the wrong actions of the doctor of local policlinic. If the chief physician does not want to make noise and will agree with your arguments (that is improbable), it can theoretically pay to you which - what money from the funds.

3. If the chief physician reports about the refusal to pay money (that will occur most likely), then register the statement in a reception, keep the copy (with a stamp of policlinic) and at home write a claim to city committee (territorial office of the Ministry of Health) on health care (in St. Petersburg it is Healthcare Committee of the city administration). On your claim they are obliged to carry out an inspection concerning policlinic. Of course, too it is possible to write to regional prosecutor`s office, but criminal case most likely will not be brought (for lack of evidence), however all the same can try, especially if you have really hard case (irreparable harm is done to health, etc.) .

4. Do not spend time for writing of similar statements in other structures (the Commissioner for Human Rights, the prince of Monaco Albert the Second, or his regal spouse Charlene Wittstock). Concentrate on the main thing. What really can to you can though in something to help is an appeal to district court. Make the statement of claim (better together with the lawyer), demand compensation of the losses (expenditure for drugs) suffered by you, harm to health and moral harm. By the way, claims for indemnification to health are exempted from payment of the state tax. Keep in mind what during judicial proceedings will be appointed it judicial - medical examination (payment for which can be assigned to any of the parties of dispute or to both parties in equal shares).

In court also do not forget to demand a compensation for expenses on a legal aid and documentary confirmed expenses on additional treatment. The average amount of compensation of moral harm in practice of district courts makes 10 - 20 thousand rubles, but maybe 500 rubles.

Also prepare that judicial proceedings will last at least for half a year.

For persons interested in detail to study this subject I recommend to read the Letter of FFOMS of May 5, 1998 (No. 1993/36 1 - and) Methodical recommendations Indemnification (damage) insured in case of rendering low-quality medical care within the program of obligatory medical insurance .