24 December 2012

The patient has the right...

Protecting the rights of the patient

The Law and WeThe most common violations of the patient's rights are:

  • unjustified refusal to provide medical care (refusal to be hospitalized in a hospital, refusal to provide outpatient care, refusal to transfer from one medical institution to another, failure to provide medical care in emergency situations, in particular, related to road transport, industrial, household injury);
  • provision of low-quality medical care;
  • causing harm to the life and health of the patient during the provision of medical care;
  • violation of conditions and treatment regimen;
  • providing insufficient or incorrect information about the disease;
  • disclosure of medical secrets;
  • unjustified collection or demand for treatment fees;
  • professional and official abuse by medical workers;
  • defects in the design of medical documentation.

WAYS TO PROTECT THE RIGHTS OF THE PATIENT Institutions that are obliged to protect the rights of the patient are:

  • LPU administration;
  • Ministry of Health of the region;
  • medical insurance company, provided that the patient is the owner of an insurance policy issued by this company;
  • territorial MHI fund (if it performs the functions of an insurer);
  • city or district prosecutor's office;
  • court (district or city);

    The patient can protect the violated rights independently or with the help of his representative. Adults (over 18 years old) and capable citizens – patients can independently protect their rights. Assistance can be provided by the Consumer Protection Society, other public organizations whose statutory purpose is to protect the rights of citizens.

    Civil procedural capacity is understood as the ability to exercise their rights in court and entrust the conduct of the case to representatives. Civil procedural capacity belongs to citizens who have reached the age of majority and legal entities. The rights and interests of minors under the age of 15 and incapacitated are protected by their legal representatives - parents, adoptive parents or guardians. The rights and legally protected interests of incapacitated persons – minors aged 15 to 18 years, as well as citizens recognized as having limited legal capacity, are protected in court by their parents, adoptive parents or guardians, but the court is obliged to involve minors (incapacitated) themselves in such cases.

    Thus, despite the fact that, in accordance with Article 31 of the law, persons over 15 years of age independently decide on medical intervention and refusal of it (they can appoint their representative, even in place of parents, and even prohibit reporting information about their illness to parents!), their rights can be protected in court not themselves, but only their legal representatives – parents, adoptive parents, caregivers.24

    At the request of a citizen and on the basis of a power of attorney, individuals or legal entities can represent his interests (CFR, consumer protection committees, see section.3.4.2). In some regions, specialized units have been created in the CFR to protect the rights of insured persons. In addition, if the patient refuses to file a claim, the CFR can independently file a claim in the interests of this patient. Still, if the patient does not demand the restoration of violated rights, then today, probably, no one will do it. Moreover, it can be assumed that CFOs may not be the best representatives of the patient, since they have their own interests that differ from the interests of the patient.

    There is a pre-trial (claim) and judicial (claim) procedure for the protection of violated rights.


    When seeking medical help, the patient expects to receive qualified and high-quality services. This means that, in accordance with the disease, a doctor with appropriate professional training should provide assistance, to the appropriate extent and using the right, benign means. In practice, it is not uncommon to provide unskilled care of unsatisfactory quality, the consequence of which may be unsuccessful treatment or harm to the life and health of the patient. In this sense, unqualified treatment (not in accordance with the way it is customary to do in modern medicine) is equivalent to causing harm, and it is possible to bring the guilty medical workers to justice. From the point of view of the legal assessment of the medical care provided (in order to establish the grounds for bringing medical workers or institutions to responsibility), it is customary to divide the adverse effects of treatment into:
  • medical errors;
  • accidents;
  • punishable omissions (professional offenses).

    The main criterion for their separation is the correctness or error of actions on the one hand, and, on the other hand, the reasons that caused these errors.

    Medical errors are usually made due to objective reasons, circumstances. Among the causes of medical errors are the following:
  • lack of proper conditions for providing assistance (the doctor was forced to provide assistance in such conditions where it was impossible to provide it in accordance with the standards of the profession), poor material and technical equipment of the medical facility;
  • imperfection of medical methods and knowledge (when the disease is studied by medical science incompletely, and the error is a consequence of incomplete knowledge not of this doctor, but of medicine as a whole);
  • insufficient level of professionalism of the doctor, without elements of negligence in his actions (the doctor tried to do everything he could, but his knowledge and skills were insufficient for correct actions).

    There are also important circumstances that can play a major role in the onset of negative consequences: Extreme atypicity, rarity or malignancy of this disease or its complications.
  • The exclusivity of the individual characteristics of the patient's body.
  • Improper actions of the patient himself, his relatives, other persons (late request for medical help, refusal of hospitalization, evasion, opposition in the implementation of the therapeutic and diagnostic process, violation of the treatment regime).
  • Features of the psychophysiological state of a medical worker (illness, extreme fatigue).
  • These circumstances can also act as a background against which improper actions of medical workers are carried out due to subjective reasons.

    An accident is an unfavorable outcome of medical intervention. Such a result, which cannot be foreseen, and, consequently, prevented due to objectively developing accidental circumstances (although the doctor acts correctly and in full compliance with medical rules and standard methods of treatment).

    Professional offenses (crimes) are negligent or intentional actions of a medical worker that caused harm to the life and health of the patient.

    The difference between a medical error and an offense lies in the causes and conditions of their occurrence. Medical errors are usually made due to the prevailing objective reasons and circumstances (lack of proper conditions for providing assistance, lack of time, insufficiently qualified personnel). Therefore, a distinctive feature of medical errors is the conscientiousness of the actions of the medical staff. The Supreme Court of the RSFSR ruled that medical institutions "cannot be held responsible for diagnostic errors caused by the complexity of the disease and independent of the attention and integrity of the staff. If these errors were the result of an unfair attitude to the work of medical personnel, then the medical institution is obliged to compensate for the damage caused to the patient's health due to the fault of its employees."

    Professional offenses are characterized by:

    • dishonesty of a medical worker (failure to provide assistance to a patient);
    • illegal medical treatment, including the use of inappropriate methods of treatment, medical treatment in a specialty for which the doctor does not have a certificate;
    • negligent attitude to professional duties.

    • In the case of professional offenses, it is possible to attract individual medical workers or medical institutions to various types of liability: administrative, disciplinary, criminal, civil (property). Officials and commissions and persons who are superiors in the service (at work) on the basis of job descriptions are brought to administrative and disciplinary responsibility of the doctor. Usually, with minor injuries, only disciplinary liability occurs, and in the presence of moral damage, civil (property) liability also occurs. With severe and moderate consequences for health, criminal liability for the causer and civil (property) liability ensue (minor harm to health, as a rule, is not subject to a specific monetary assessment, since it does not imply disability (compensation for lost earnings) and additional costs for restoring health). Material (civil) consequences occur for the employer of the hospital doctor Private practitioners will compensate for the damage (bear civil liability) independently, as they carry out their professional activities at their "own risk".


      Civil liability is understood as responsibility (sanctions) associated with additional encumbrances for the offender (they say that this responsibility is compensatory in nature). Encumbrances may be in the form of imposing on the offender an additional civil obligation or deprivation of a subjective right belonging to him.


      The main form of civil liability, which has a general meaning and is applied in all cases of violation of civil rights, is compensation for damages.

      Losses are understood as expenses that a person whose right has been violated has made or will have to make in the future to restore the violated right; loss or damage to his property (real damage); as well as unearned income that this person would have received under normal conditions of civil turnover if his right had not been violated (lost profit). Compensation for losses is aimed at restoring the property sphere of the victim at the expense of the offender's property.

      The law provides for various ways to compensate for losses when defects in the performed service are detected:
  • gratuitous elimination of shortcomings of the rendered service;
  • a corresponding reduction in the price of the service rendered;
  • gratuitous re-provision of the service;
  • reimbursement of expenses incurred to eliminate the shortcomings of the service provided.

  • The victim also has the right to terminate the service agreement and demand full compensation for damages caused to him due to the shortcomings of the service provided.

    In accordance with the Civil Code and the resolution of the plenum of the Supreme Court, the approximate list of expenses to be reimbursed (in addition to compensation for lost earnings) looks like this: expenses for enhanced nutrition, purchase of medicines, prosthetics, outside care, sanatorium treatment, including the cost of travel (if necessary, not only the victim, but also the accompanying person), the purchase of special vehicles The cost of servicing the victim in everyday life (laundry, cleaning of housing, etc.). The need for additional expenses must be confirmed by the conclusion of the SME according to the rules provided for by the ITU – the need for special transport and so on. A victim in need of several types of assistance is reimbursed for all types of assistance.

    In case of temporary disability, if the sick leave payments are less than the average monthly salary, then the medical institution is obliged to pay the difference. In case of permanent disability, the victim is referred to the ITU, where the percentage of disability is determined. Accordingly, if 50% of the working capacity is lost, the health facility is obliged to pay half of the average monthly earnings. If a disability is assigned, then, accordingly, a pension. The pension available to the injured patient before this is not taken into account, as well as additional earnings possible for the victim in the future.

    If the patient died as a result of unlawful guilty actions (inaction) of medical personnel, then the disabled persons who were dependent on the deceased or who had the right to receive maintenance from him by the day of his death, as well as the child of the deceased born after his death, have the right to compensation for damage at the expense of the health facility.

    Dependents include: minors and students before graduation from full-time educational institutions, but not older than 23 years; women over 55 years old and men over 60 years old for life; disabled persons for the duration of disability; spouse or other family member of the deceased, regardless of age, unemployed and engaged in caring for children, grandchildren, brothers, sisters deceased, under the age of 14, other disabled dependents.

    The amount of compensable damage from the loss of the breadwinner is calculated from his average monthly earnings, minus the share attributable to himself and able-bodied citizens who were dependent on him, but who are not entitled to compensation for harm. In addition, all expenses related to treatment (what was spent before death) and in connection with death, including those related to burial, are reimbursed.


    It is important that in addition to compensation for property damage, the patient can receive compensation for non-property (moral) harm. Moral harm is expressed in the form of physical or moral suffering associated with incorrect, erroneous treatment or diagnosis. In particular, the disclosure of medical secrets brings mainly moral suffering. These sufferings constitute moral harm and are subject to compensation. Its size is determined by the victim himself, and there are no clear criteria for this. The court weighs moral damage based on the arguments of the plaintiff and the defendant.


    In accordance with the Civil Code, the civil liability of doctors and medical institutions for compensation for damage caused by them to the health and life of citizens arises if proven:
  • the presence of damage caused;
  • the fact of illegal actions of medical workers or medical institutions;
  • the connection between the illegal actions committed and the damage caused (actions or omissions must be assessed by the court as the cause of the damage, sometimes it can be difficult to assess);
  • the fault of medical workers (intent to harm or negligence).

  • An analysis of the practice of judicial reviews of claims of patients in recent years shows that proving all four points is a very difficult, almost impossible matter. In particular, the situation is difficult when the doctor took the wrong actions (was inactive), because he did not have the necessary knowledge for correct actions. In "normal" countries, this situation leads to the unconditional accusation of a doctor of manslaughter and even the loss of the doctor's right to work in his specialty. In our country, ignorance is traditionally considered an excusable circumstance (! – see above about an unpunished mistake). It remains to be hoped that this situation will change in the near future, since the certification of specialists that has been missing so far has finally appeared in the Russian Federation.

    The possibility of bringing to responsibility for the claims of patients on the basis of the so-called "truncated" compositions of civil offenses is discussed. That is, we are talking about the possibility of civil liability without proof of the guilt of the harm-doer. As a result, when making a decision on the need for compensation for damage caused by the provision of services, the court will proceed from the concept of the connection of harm with the actions of the doctor, without examining the question of intent (guilt), which should dramatically change the entire course of the proceedings of medical cases. The consequence of this, of course, will be a sharp increase in the number of cases when doctors will be forced to compensate for the damage caused to the health of patients. To date, the "truncated offense" is used when considering disputes arising from the provision of low-quality paid medical services, because these relations are regulated by the law "On Consumer Rights Protection", which provides for a similar procedure.

    It is important to know that even if it is impossible to prove the guilt of individual employees (doctors, nurses), but the connection of damage with treatment is proven, then the responsibility of the medical institution comes in full. Remember that the terms of the contract for the provision of medical services cannot infringe on your rights. For example, your consent to all possible complications, fixed in the contract, does not mean anything, because it infringes on your rights.


    The basis for bringing to criminal responsibility is the commission of a crime – the most dangerous offense for society. A crime is such an illegal action (inaction) that is committed culpably – by intent or negligence. Criminal liability occurs only for those actions or omissions that are defined by law (CC) as a crime. The Criminal Code [23] provides for special compositions of professional negligence: causing death by negligence due to improper performance of a person's professional duties (Part 2 of Article 109); causing serious or moderate harm to health by negligence (Part 2.4 of Article 118).

    One of the reasons for initiating a criminal case are statements and letters from citizens (their legal representatives). The prosecutor, the investigator, the body of inquiry and the judge are obliged to accept statements and reports about any crime committed or being prepared and make decisions on them within no more than 3 days from the date of receipt of the statement or message, and in exceptional cases – within no more than 10 days. Citizens' statements can be oral and written. The oral ones are recorded in the protocol, which is signed by the applicant and the official of the body of inquiry, the investigator, the prosecutor or the judge who accepted the application. The written application must be signed by the person from whom it comes, or by the legal representative of the person submitting the application in the interests of his ward.

    The most dangerous crimes affecting the interests of the patient are:
  • causing death by negligence due to improper performance of a person's professional duties (Article 109, part 2);
  • causing serious or moderate harm to health by negligence, committed as a result of improper performance by a person of his professional duties (Article 118, Part 2,4);
  • coercion to remove human organs or tissues for transplantation (Article 120);
  • infection of another person with HIV infection due to improper performance by a person of his professional duties (Article 122, part 4);
  • illegal abortion (Article 123);
  • failure to provide assistance to the patient (Article 124);
  • illegal placement in a psychiatric hospital (Article 128);
  • violation of privacy by using one's official position (Article 137, part 2);
  • illegal issuance or forgery of prescriptions or other documents giving the right to receive narcotic drugs or psychotropic substances (Article 233);
  • illegal private medical practice or private pharmaceutical activity (Article 235);
  • receiving a bribe (Article 290);
  • official forgery (Article 292).

  • A brief description of some of the elements of crimes is given in a note at the end of the text.


    The claim form of a pre-trial appeal to a medical institution is not mandatory, although it is not prohibited by law. The claim is a requirement to the medical institution for the voluntary elimination of violations of the patient's rights. Possible types of claims:
  • compensation for moral damage;
  • compensation for damage caused to the life and health of the patient;
  • compensation for damages in case of loss of a breadwinner;
  • reimbursement of expenses for the elimination of deficiencies in medical services.

    The claim is submitted in writing and signed by the patient or his representative.

  • The claim should specify:
  • last name, first name, patronymic, address of the patient, as well as the name of the medical facility to which the claim is made, the date of presentation;
  • the circumstances that served as the basis for the claim, evidence confirming the above;
  • the applicant's claims, the amount of the claim and its reasonable calculation, if the claim is subject to monetary assessment;
  • references to regulations, contract or other documents of title;
  • list of documents and other evidence attached to the claim;
  • other information that the patient considers essential for the settlement of the dispute.

  • In case of presentation for reimbursement of expenses for sanatorium treatment, documents confirming its necessity must be attached (a copy of the sanatorium card according to which the patient was admitted to the sanatorium for treatment). The costs of additional meals are confirmed by a certificate from a medical institution about the recommended diet and the calculation of the cost of products. The more detailed and complete the calculations are made, and the more complete the documentation, the higher the chances of a positive decision by the administration of a medical institution or a court.

    The original documents confirming the claims submitted by the applicant, or certified copies, or extracts from them, if these documents are not available from the other party, are attached to the claim. Therefore, there is no need to attach copies of the documents available at the hospital to the application to the chief physician. It is usually reasonable not to attach original documents to such a claim, the loss of which will deprive you of important evidence. Experience shows that such documents are often "lost" when considering a claim.

    The documents confirming the circumstances stated in the claim are: The certificate of examination of the quality of medical care (compiled by an expert doctor, for example, an insurance medical organization or another expert), medical documentation (outpatient card, medical history) or extracts from it, the results of medical examinations, a disability sheet (a copy of it if the sheet is submitted to the accounting department for place of work). The claim for compensation for damage caused to the life and health of the patient is accompanied by the ITU conclusion on the degree of loss of professional ability to work and, in appropriate cases, on the victim's need for additional types of assistance. The applicant is not obliged to organize an examination of the quality of medical care himself – subjective confidence in his rightness is enough to file a claim. At the same time, this examination is most likely to be carried out by the FOMS experts at the request of the medical institution. It can be assumed that in this case, the conclusion may be less favorable for the health care facility.

    The claims for damages to citizens who are entitled to compensation for the loss of a breadwinner are attached:
  • a copy of the certificate of the civil registry office (registry Office) on the death of the breadwinner;
  • certificate of the housing and operating authority or village, rural administration on the composition of the family members of the deceased, including those who were dependent, or a copy of the relevant court decision;
  • certificate of the housing and operating authority or village, rural administration that the parent, spouse or other family member of the deceased, engaged in caring for children, brothers, sisters or grandchildren of the deceased who have not reached the age of 14, does not work;
  • the certificate of the educational institution that citizens aged 18 to 23 who are entitled to compensation for harm study in full-time educational institutions.

  • The claim is sent by registered or valuable letter, or is handed over against a receipt (for example, to the secretary of the chief physician of the medical institution). The claim is considered by the administration of the health facility within 30 days from the date of receipt. Based on the results of the consideration of the claim, the medical institution makes an appropriate decision. The decision is made by the order of the head of the health facility. The order must be motivated, it specifies the citizens to whom compensation for harm is established, its size for each family member and the payment terms. A copy of the order of the head of the health facility on compensation for damage is sent to the applicant together with the response to the claim.
    The response to the claim is given in writing and signed by the head or deputy head of the health facility. The response to the claim indicates, in case of full or partial satisfaction of the claim, the recognized amount, the term and the method of satisfaction of the claim. In case of complete or partial refusal to satisfy the claim, the reasons for refusal with reference to the relevant legislation and evidence justifying the refusal.


    A statement of claim (FROM) is a requirement to a judicial authority to protect the right of a patient violated in the provision of medical care (services) to him. A claim against a legal entity (medical institution) is usually filed at the location of the body (the official address of the medical institution) or the property of the legal entity (for example, the location of the polyclinic of a medical association).

    Claims for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner, may be filed by the plaintiff at his place of residence or at the place of injury. Filing a claim at the place of residence is preferable. The fact is that due to the existing system of filing lawsuits at the location of the legal entity, the hospital administration always has a more or less close relationship with a specific judge conducting cases against this hospital. Perhaps such a judge will hardly be able to take your side in a controversial case, the interests of the hospital will be closer to him. On the contrary, you have reason to assume that the assessors will be more sympathetic to your interests in your district court.

    FROM is usually subject to payment by state duty. The following are exempt from paying the fee in cases considered in courts of general jurisdiction: plaintiffs – in claims for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner; consumers – in claims related to violation of their rights. In other words, when applying for protection of your rights in connection with poor-quality medical care or other damage, you do not have to pay a fee.

    FROM is filed with the court in writing. In FROM must be specified:
  • name of the court to which the application is submitted;
  • the name of the plaintiff, his place of residence, as well as the name of the representative and his address, if the application is submitted by a representative;
  • name of the defendant, his location;
  • the price of the claim, if the claim is subject to evaluation;
  • the circumstances on which the plaintiff bases his claim, and evidence confirming the circumstances stated by the plaintiff;
  • calculation of the recovered or disputed amount;
  • plaintiff's claims with reference to laws and other regulatory legal acts;
  • the list of documents attached to the application.

    FROM is signed by the plaintiff or his representative. A power of attorney or other document certifying the representative's authority must be attached to the application submitted by the representative. The court will require you to have the original documents and you should take care of making copies for yourself. Copies of the most important documents should be notarized.

  • FROM is sent by registered correspondence to the court address or is transferred to the clerk's office of the court against receipt. FROM is submitted to the court with its copies according to the number of defendants. When filing a claim, the plaintiff is obliged to send to other persons participating in the case not only copies of, but also the documents attached to it, if they do not have these documents.

    The judge alone decides on the decision on the civil case within 7 days.

    The judge refuses to accept the application:
  • if FROM is not subject to consideration in the courts;
  • if there is a court decision that has entered into legal force, passed on a dispute between the same parties, on the same subject and on the same grounds, or a court ruling on accepting the plaintiff's refusal from the claim or approving a settlement agreement of the parties;
  • if there is a case in the proceedings of the court on a dispute between the same parties, on the same subject and on the same grounds;
  • if the case is beyond the jurisdiction of this court;
  • if FROM is filed by an incapacitated person;
  • if the application is filed on behalf of the interested person by a person who does not have the authority to conduct the case.

  • The defendant has the right to send a response to the court from with the attachment of documents confirming objections to the claim. This must be done in time to ensure the receipt of the review by the day of the case. The defendant's documents must contain evidence of sending copies of the recall and all documents that they do not have in advance to other persons participating in the case.

    The defendant has the right to offer the plaintiff some compensation in order to settle the case before the court session by a "settlement agreement". This is a normal practice and it should not be neglected, because you cannot be sure that the case will win in court or that the court will agree with the size of your claim. In this case, you will be able to bargain with the defendant, but not with the judge. Russian courts are surprisingly cheap to assess the suffering of citizens, and if you estimate your moral damage in tens of thousands of rubles, at best you will be compensated in the amount of one or two thousand. The settlement agreement has an important drawback – if the defendant does not comply with it, the court will force him to do so by issuing a writ of execution, but only in the amounts contained in the settlement agreement.

    Decisions of all courts of the Russian Federation, except for decisions of the Supreme Court, may be appealed in cassation (i.e. in case of dissatisfaction with the decision) by the parties (plaintiff, defendant) and other persons involved in the case, or representatives of the parties. A judicial representative (lawyer, legal adviser, etc.) has the right to file a cassation appeal against a court decision, if this authority is stipulated in the power of attorney issued by the represented. Legal representatives (parents, adoptive parents, guardians and trustees) may perform all procedural actions on behalf of the represented, including the right to appeal the decision independently, without having a special power of attorney. A cassation protest may also be brought by the prosecutor or his deputy.

    Cassation complaints and protests are brought through the court that issued the decision. Filing a complaint or protest directly to the cassation instance (for example, to the regional court against the decision of the city court) it is not an obstacle to the consideration of a complaint or protest. A cassation appeal or protest may be filed within ten days after the court makes a final decision. A complaint or protest filed after the expiration of the specified period is left without consideration and returned to the person who filed the complaint or protest. The beginning of the specified period is the day following the day of the final decision, and not the day of delivery or sending to the parties and other persons involved in the case, a copy of the decision on the case.

    The court, having considered the case in cassation, has the right to determine:
  • leave the decision unchanged, and the complaint or protest – without satisfaction;
  • cancel the decision in full or in some part and send the case for a new hearing to the court of first instance in a different or in the same composition of judges;
  • cancel the decision in full or in part and terminate the proceedings or leave the application without consideration;
  • to change the decision or make a new decision without transferring the case to a new examination, if the circumstances relevant to the case are established on the basis of the available, as well as additionally submitted materials with which the parties are familiar.

  • The ruling of the court of cassation instance is not subject to appeal and enters into legal force from the moment of its issuance. The ruling of the court of cassation instance, which has entered into legal force, can be reviewed only by way of supervision and by newly discovered circumstances.


    A capable patient during treatment is responsible for the damage that he will cause to another person or institution in the usual manner. In other words, in the event that he does not prove the absence of his guilt.

    A minor patient under treatment (under 14 years of age) he may cause harm and, since he was under the supervision of the medical institution at that time, he is responsible for the harm caused to the medical institution if he does not prove the absence of his guilt. If the parents and the medical institution are guilty, then financial responsibility comes in shares, respectively, the fault of each party, by court decision.

    A guardian or an institution that is obliged to supervise him is responsible for the damage caused by an incapacitated citizen.

  • The medical institution has no right to refuse you medical services without legal grounds. If you are denied hospitalization, ask for an explanation of the reasons and a certificate of refusal of hospitalization, assistance. The certificate must contain a reason for refusal. If this happens at an outpatient appointment or when calling an ambulance team, record the fact of the corresponding treatment and refusal. If you refuse to issue such a certificate, draw up a document signed by witnesses (neighbors, patients sitting in line to the doctor's office). Offer to sign the doctor, but even if he refuses, you will still have grounds to appeal his actions.
  • If you are required to pay any fee, ask if this service is paid. Be sure to get a receipt (receipt) and check the correctness of the amount and description – what was paid for.
  • If money is required from you as a condition for providing medical care, try to soberly assess whether you can get help somewhere else. Perhaps, for your life or the life of a person close to you, this is now the only chance.
  • Remember that you should be as collected as possible, calm, and act thoughtfully. Already your determination and competent actions can lead to the fact that medical professionals will understand their wrong and will help you or explain how you can get the necessary help. Law and custom require medical professionals, even when they are not obliged or unable to provide appropriate assistance, to assist you in finding an opportunity to receive help.
  • Do not consider it shameful and unworthy to go to court, because this is your constitutional right.
  • Don't forget that your main goal is to get high–quality medical care. Punishment of negligent doctors, compensation for damages, winning a lawsuit – all this is usually very weak compensation for the damage to health that may occur.
  • Demanding compensation for the damage caused to you or your loved ones, remember that this is not revenge, this is what is necessary for the normal functioning of medicine and society as a whole. By demanding responsibility, you, in a sense, prevent the possible tragedies of other patients tomorrow.
  • In case of violation of your rights, clearly highlight the essence of the violation. Determine who specifically violated your rights, and accordingly determine your interest. It should be of a property nature and monetary value, even if it is a criminal prosecution.
  • Compensation for damage caused to the life and health of the patient is possible only if the fault of the medical institution is established. Not every harm caused to a patient during the provision of medical care is illegal. It is important that the harm caused to the patient's health during the provision of assistance is less than the harm prevented. This is not only what you strive for, but it is also the main rule of the medical profession.
  • The legal assessment of the harm caused to the patient's health may be different. If a preliminary agreement has been reached between the doctor (medical institution) and the patient about the possibility of harm to health during the provision of medical services, such harm may be considered legitimate. To do this, the possible size and circumstances of the occurrence of harm should be established within the boundaries that do not contradict public morality and the foundations of law and order. If the patient's contract with the medical institution did not envisage the possibility of harm to his health, then legal liability comes for careless (inadvertent) harm. A variant of the contract is the patient's consent to treatment when informing him about possible complications, side effects of treatment. If the patient was not informed about possible adverse consequences before treatment, then the responsibility of the doctor (health care provider) comes for careless (inadvertent) harm. If it is possible to prove that the patient was intentionally misinformed, for example, in order to persuade him to consent to this type of treatment, then this will be intentional harm with the use of an official position by the doctor.
  • When seeking help from the Consumer Protection Society or other assistants, remember that they may have their own interests. For example, the Consumer Protection Society can effectively help you in litigation. At the same time, the OPP is interested in the court to receive the remuneration due to it by law (not from you, but from the defendant). OZP can receive remuneration only if your case is won. This provision is specifically included in the law on consumer rights in order to interest the OPP to help you. But on the other hand, you may at some point come to an agreement with the defendant (for example, a hospital) to compensate you for damages without a trial or on another basis. In this case, the OPP may not be satisfied and insist on a trial. Needless to say, the court will not necessarily rule in your favor. As a result, the help of the OSP may turn into a loss of a small, but real victory for you.
  • The authors of this manual would consider the highest achievement in the field of protecting the rights of patients to be the creation of a public organization of patients suffering from some disease and whose task is to provide mutual assistance or an organization of citizens who consider themselves victims of medical incompetence.
  • Portal "Eternal youth" http://vechnayamolodost.ru24.12.2012

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