To look for the truth - health to lose
What to do to the patient if medical care was poor provided to it? Removal of “excess“ teeth became “norm“ at stomatologists. In any policlinic the doctor by a carelessness can prescribe other medicine. Sometimes “forget“ to tell about other, alternative methods of treatment of a disease. All this cases at which the patient has the right to demand compensation of the caused material damage and compensation for causing moral harm.
Where to address? Process of search of the truth can be divided into several stages.
Stage first. Mediation board
1. The injured patient has to write the application in duplicate where he states the claims concerning low-quality delivery of health care. It has to submit and register this application in that medical institution in which rendered him services.
2. The medical institution on the basis of this statement will submit the application to mediation board with a request to draw the conclusion on quality of the rendered medical services. It is also obliged to notify the patient on date and time of a meeting of mediation board.
3. The patient has to arrive to this hearing with the representative of this medical institution. The commission will consider this case and will pass the decision.the commission passes to
In 90% of cases the decision in favor of doctors. But negative result - too result. This stage should be passed. With the document on hands on the decision of mediation board you begin the following stage.
Stage second. The last attempt to solve business by the world
the Victim has the right to submit the application to medical institution with the offer on voluntary compensation by the last of the caused material damage, losses and payment of compensation for causing moral harm. It is necessary to specify the following in the statement:“ I (Full name) addressed (date) to your medical institution with the diagnosis... Doctor (Full name) the following medical care was provided to me... However medical care is provided not competently for the following reasons (to specify the reasons and consequences which arose from low-quality medical care).on the basis of stated and according to Bases of the legislation of the Russian Federation “About protection of public health“ I suggest you to indemnify to
in a voluntary order the material damage caused to me, the suffered losses and to compensate the done moral harm which is expressed in the following: (you specify, for example, that as a result of experiences you got nervous breakdown which has to be documented), which the sum equal can compensate (the victim specifies the sum which determines subjectively)...to
Most likely, to the patient will refuse compensation of the caused damage. But it is important to register obtaining the statement by medical institution. The administration can try to refuse registration of a statement. In that case the victim should go to mail and to send the statement the registered mail with the assurance of receipt.by
It is asked why it is necessary to pass all these stages if it is possible to appeal to court at once and not to be refused? At submission of the statement of claim in court judicial authorities will demand submission of the documents confirming attempts of settlement of dispute in a pre-judicial order. If is not present, then will surely demand to execute it.
Stage third. Obtaining documentsby
Before filing a lawsuit the statement of claim, it is necessary to collect necessary documents, such as: copy of the clinical record (out-patient card), description of pictures, epikriz and so on. For this purpose the victim needs to file in medical institution the written statement (two copies) with a request to issue copies of these medical documents. At the same time he has to refer to articles 30 and 31 of Bases about health protection. One copy of the application after registration needs to be kept. The medical institution is obliged to provide copies of all these documents. In practice the victim most often again receives refusal which is desirable to recording the written statement.
Stage fourth. Submission of the statement of claim to court
the victim comes Now to court and surely brings copies of the following documents: the statement that he appealed to issue copies of all medical documents; the statement with a request for voluntary compensation of the caused material damage; written refusal if that is given. It makes the statement of claim about collecting from medical institution of the caused material damage, losses and compensation of moral harm. Here it is very important to be defined that you want to receive as compensation of material damage. For example, it can be carrying out repeated free medical services in the same medical institution or their payment in other clinic. Also it is necessary to decide what moral harm was done. Perhaps, the person became a disabled person, maybe, there were some mental violations, he suffered from strong moral and physical anguish. All medical diagnoses have to be supported by the relevant documents, and requirements about compensation of moral harm - are accurately reasoned.needs to declare to
Besides the statement the petition for that the court as pre-judicial preparation claimed the copy of the clinical record from medical institution, the description of pictures, all documents necessary for carrying out is judicial - medical examination.
Attention: consumers in the claims connected with violation of their rights according to article 17 of the law “About Consumer Protection“, are exempted from payment of the state tax.
Stage fifth. Preparation for judicial proceedings
before judicial proceedings needs to study documents which the court requested according to your petition from the defendant. In the presence of the bases - to petition in writing for appointment it is judicial - medical examination. The victim has to concretize the claim requirements, define what questions have to be reflected in the conclusion are judicial - medical examination. He has the right to revise the claim requirements, to add or change depending on result is judicial - medical certificate.
Stage sixth. Judicial proceedingsAt this stage the court on the basis of the produced and collected evidence carries out by
judicial proceedings in the declared claim. At satisfaction of claim requirements, you have the right to submit the petition for compensation of the caused losses to stages of judicial debate if there was no opportunity to specify them in the statement of claim. You can include in these requirements all expenses on photocopying, the carried-out expertizes, payment of the registered mail, services of the lawyer and other. Naturally, the caused losses have to be documented by references, receipts, cash both cash-memos and other payment documents. In Moscow one oral consultation at the lawyer can manage from 150 to 500 rubles. Even if the court satisfied your claims of 50%, you have the right to collect the sum of the caused losses from the defendant. If you lose the case, then is not still lost. The court can consider a request for the section of the caused losses in half with the defendant.shows
of the Practician that to have legal proceedings very hard, especially with doctors from the private clinics having an opportunity to employ good lawyers. Therefore it is the best of all to use the help of lawyers with experience of conducting trials with medical institutions. Trial usually goes not less than half a year.With regret should note
that still injured patients are at a great disadvantage. In Russia there are no laws on the rights of the patient, now lawyers are forced to make a start from the law “About Consumer Protection“. This necessary law on the rights of the patient “got stuck“ and when it is accepted, it is unknown.
we Express gratitude for the help in material preparation to the chief of legal medical bureau “To regional public organization of consumers of the medical services “Patient“ to V. I. Formanyuk who gave answers to the questions posed.