Rus Articles Journal

The patient - the child. How to protect its rights in hospital and policlinic?

the Russian medical legislation protect the rights of the patient. However treating the child in policlinic, coming to kindergarten or getting about hospital, parents sometimes face violation of these rights. About what important laws it is necessary to know? Where to address in disputable situations? The word - to prominent medical experts.

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questions are answered by the director of the department of development of medical care to children and maternity obstetric services of the Russian Ministry of Health Elena Baybarina.

How to attach the child to policlinic not at the place of residence?

- the attachment Order to the medical organization is defined by the order of the Ministry of Health and Social Development of the Russian Federation of April 26, 2012 № 406 N “About the statement of the Order of the choice by the citizen of the medical organization when rendering medical care to it within the program of the state guarantees of free rendering medical care to citizens“.

for this purpose parents of the child have to file the written statement in the medical organization chosen by them. To specify information on the child in the statement: Full name, birth date and birth place; nationality; residence; date and place of registration; number of the policy of obligatory medical insurance and name of medical insurance company; the name and the actual address of the medical organization providing medical care at the time of filing of application; and also information on - a full name, a contact information.

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For the children till 14 years who are citizens of Russia at filing of application show originals of the following documents: birth certificates; policy of obligatory medical insurance of the child; the passport of the parent or lawful representative of the child and the document confirming its powers. For teenagers from 14 to 18 years at filing of application it is necessary to show the passport or the temporary identity card of the citizen of the Russian Federation issued for registration of the passport; policy of obligatory medical insurance.

the policlinic within two working days sends

After obtaining the statement the letter on confirmation of information specified in the statement to that medical organization where the child is on medical care at the time of filing of application. Then within two working days after the answer and information specified in the statement is received it is confirmed, the child is put on the medical account what inform parents on.

I Remember

, us at school forced to go to the stomatologist in a school medical office. I do not want that with my child there was the same. Tell as far as it is lawful - to force children to go to a certain doctor without maintenance and a consent of parents? The child - that cannot refuse, he is small.

- the Informed voluntary consent of parents of the child or his lawful representative to medical intervention is a necessary preliminary condition of any medical intervention whether there is it in medical or in educational institution.

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U me the grandson got sick. And his parents go to business trip. May I take the sick-list (I work) on care of it?

- Now the order of delivery of a leaf of disability is defined by the order of the Ministry of Health and Social Development of the Russian Federation of June 29, 2011 № 624 N “About the statement of the Order of delivery of leaves of disability“.

According to the item. 34 aforesaid of the order a disability leaf on care of the sick family member are given by the health worker to one of family members (the trustee, the trustee, other relative) who is actually carrying out leaving. Thus, the sick-list on care of the sick child can be issued to the grandmother.

my four-year-old son was traumatized. I want to be in hospital near it. Do I have the right to it? And what to do if this my right is violated?

- According to part 3 of article 51 of the Federal law of November 21, 2011 № 323 - Federal Law “About bases of protection of public health in the Russian Federation“, one of parents, and also the grandmother, the grandfather, other members of the family or other lawful representative of the child have the right for joint stay with it in hospital during the entire period of treatment irrespective of age of the child.

At joint stay in the medical organization in stationary conditions with the child before achievement of age of four years by it, and with the child is more senior than this age - in the presence of medical indications, the payment for creation of conditions of stay in stationary conditions, including for granting a berth and food, is not raised from specified persons.

in case of violation of the right of parents or other lawful representatives for joint stay with the child in the medical organization the parent or the lawful representative of the child have the right to address to territorial authority of management of health care.

the Local pediatrician does not write out to me the recipe on dairy kitchen, motivating it with the fact that we did not do to the child preventive vaccination. Does he have the right to it?

- It agrees to the legislation existing in Russia, parents (or other lawful representatives) have the right to refuse carrying out an inoculation to the child. At the same time refusal has to be recorded by the pediatrician in a medical record of the child.

However it cannot serve as a cause of failure for a recipe extract. Thus, in the presence of the voluntary informed refusal of carrying out an inoculation to the child of action of the local pediatrician are illegal.

my child is made out by

in kindergarten. Refused inoculations. The doctor of policlinic does not allow us in children`s collective. Does he have the right to it?

is Answered by the president of League of defenders of patients, the member of Advisory council at the Government of the Russian Federation Alexander Saversky:

- According to item 26 of the order of the Ministry of Education and Science of the Russian Federation of October 27, 2011 № 2562 “About the adoption of the Standard provision on preschool educational institution“, reception of children is carried out on the basis of medical certificate, the statement and identity documents of one of his parents (lawful representatives). That is without the medical record issued in accordance with the established procedure by children`s policlinic, the head of the kindergarten has no right to accept the child.

available the card does not mean

But need that can refuse to the child inclusion in kindergarten if it is not imparted. Just in the card it is pointed out lack of inoculations. Thus, if you do not want that did to the child inoculations, you need to write refusal of preventive inoculations and to transfer him to your doctor, and in kindergarten to write the same refusal.

However should consider

that according to the p. 2 of Art. 5 of the Federal law from 17. 09. 1998 № 157 - Federal Law (an edition from 29. 12. 2004) “About immunoprevention of infectious diseases“, refusal of inoculations can entail temporary refusal (for the period of epidemic or its threat) in a reception of citizens in educational and improving institutions. At the same time according to the law “About Sanitarno - Epidemiological Wellbeing“ (Art. 51) on threat of emergence of epidemic the motivated decree of the chief health officer has to be issued. If such resolution is available, then restriction at inclusion in kindergarten and school is lawful, otherwise - no.

Heard

that it is very difficult to prove complication after an inoculation. How it is better to work in such situation?

is Answered by the president of National security agency of patients, the member of Public council at Roszdravnadzor Alexey Starchenko:

- Yes, this really difficult business. In spite of the fact that there is a special budgetary fund single, and at disability approach - the subsequent payments, experts who are engaged in investigation of these cases, for some reason very zealously worry about the budget of the state and reluctantly recognize an event as insured event.

Therefore I advise

to fix dynamics of postavaktsinalny complications at the child (the accruing hypostasis, rash etc.) on a photo and/or video. And for secure - to collect the second - the third opinion, having shown the child to specialists of other medical institutions. And, of course, to ask your insurance company to invite the medical expert. It is desirable - from other territorial subject of the federation to avoid biased imprisonment.

It is important

According to item 1 of Art. 5 of the Federal law from 17. 09. 1998 № 157 - Federal Law (an edition from 29. 12. 2004) “About immunoprevention of infectious diseases“, citizens have the right from health workers of full and objective information on need of preventive inoculations, consequences of refusal of them, possible vaccine-challenged complications, and also to refusal of preventive inoculations.

preventive inoculations are carried out by

According to item 2 of Art. 11 of the same law with the consent of citizens, parents or other lawful representatives of the minors and citizens recognized incapacitated in the order established by the legislation of the Russian Federation. whether

the Truth that until registration the child can receive medical care according to the policy of mother?

is Answered by the president of National security agency of patients, the member of Public council at Roszdravnadzor Alexey Starchenko:

- Yes, it is. For example, if after difficult childbirth the child is transferred to neurologic office of hospital, all medical manipulations which to it are made there will be paid for the medical policy of his mother or other lawful representative. And only when its state is stabilized and there will be an opportunity to register it, it can write out the medical policy in the medical insurance company chosen by one of his parents or other lawful representative.