Addressing to the doctor, each person hopes to receive from the medical worker the highly skilled help and an opportunity of the prompt convalescence.
In fact, the rights of patients are everywhere violated.
To protect yourself, a person needs to know them and be able to protect. Consider the main types of violations of the rights of the patient.
1) Denial of medical assistance without a reason.
In this case, the examination of the quality of medical care should check: whether the refusal was unreasonable, whether the harm to health was caused by a failure, the existence of a causal link between failure and causing harm.
The absence of a person's registration can not be grounds for denial of medical assistance.
If the harm to the health of the patient was not caused, the examination sends its conclusion to the administrative department of the health facility with its recommendation for treatment. If the administration disagrees, a re-examination is appointed. Along with the results of the examination sent to the administration of the health facility, a decision may be passed to disciplining some medical workers.
If an unreasonable refusal is related to a deterioration in the patient's health, an expert opinion is given to the legal department of the Medical and Health Insurance Fund, where the issue of presentation of claims to the health facility and the claim to reimburse the patient's health.
If the medical institution refuses to compensate for the harm caused to the health of the patient, the matter is resolved in a judicial procedure.
2) Low level of medical services provision, not corresponding to state standards, but not entailing deterioration of the patient's health.
If the examination reveals that the poor quality of medical services did not entail deterioration of human health, then there are no grounds for reimbursing health damage. The issue of compensation for moral harm is decided by the court.
If the deficiencies in medical services established by the territorial CHI program can be eliminated by paying for them, the patient may demand the uncompensated elimination of all deficiencies in the service, the re-provision of medical services, reimbursement of moral damage, compensation for all costs of eliminating the shortcomings of the service.
The Administration of the Treatment and Prevention Institution has the right to bring the guilty employees to disciplinary responsibility.
3) Low level of medical services provision, which does not correspond to the state standards and has worsened the patient's well-being, his death.
Based on the complaint of the patient or his relatives (in cases that led to the death of the patient), an examination of the quality of medical services. The examination should determine whether the damage to the health of the patient, the nature of the harm done, whether the actions of the medical personnel were illegal, whether the causal connection between these illegal actions and the harm caused to the person.
If all the questions are confirmed by medical expertise, health facilities can be brought to civil liability. The right to compensation for damage can be both the patient and his relatives (at the death of the patient).
The perpetrator of a medical institution can be brought to disciplinary responsibility if his error brought light bodily harm to the patient, nosocomial infection. When causing serious harm to health, the death of a patient or HIV infection, doctors may be prosecuted. In this case, the SMO is obliged to notify the prosecutor's office and the preliminary investigation bodies.
The patient can also file a claim for compensation for non-pecuniary damage.
4) The use of painful methods in treatment, with the possibility of avoiding them and replacing them with more sparing methods.
The infliction of moral or physical suffering to the patient may be grounds for his complaint and compensation for moral harm to him. The guilty medical officer can be disciplined.
5) Unreasonable requirement to pay for treatment.
The patient can apply to the SMO with requests for the legality of charging for his treatment in the health facility. Lawyers in SMO are obliged to give him all necessary explanations. If the patient believes that his request is unsatisfied, he can file a claim for compensation of unreasonable payment for medical services and recovery of moral harm.
6) Abuse by doctors.
A medical worker who has been identified as abused (negligence, abuse of authority, bribery, etc.) may be brought to disciplinary or criminal liability. A patient can file a claim against a medical and preventive institution for compensation of moral harm.
7) Violation of treatment regimen and conditions.
On the basis of medical examination, which confirmed the violation of the treatment and treatment conditions, the institution applies administrative sanctions to the guilty medical workers of the institution. By the decision of TFOSM, the head of the health facility is brought to administrative responsibility for violation of sanitary legislation.
8) Violation and concealment of information on the diagnosis, risk, outcome and consequences of treatment. Disclosure of medical confidentiality.
The perpetrators of this violation are brought to disciplinary responsibility. For disclosure of medical secrecy, an employee may be held criminally liable.
The patient can apply to the court for compensation for moral damage.
9) Provision of incorrect medical and financial information, documentation or lack thereof.
Workers who committed this violation are subject to disciplinary measures.
To protect his rights, the patient can apply to the head or other health facility official in whom he was provided medical assistance, to medical professional associations or to the court.
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