With changes and additions from. Sample of filling out informed voluntary consent Informed consent sample

Voluntary informed consent to medical intervention, a sample of which we will consider in the material, must comply with a certain form and be obtained before providing medical care.

What should be taken into account when developing such a sample? Why can't the consent form be abbreviated? How to apply for a child?

See and download ready-made IDS forms for various types of interventions in the article.

More articles in the journal

The article contains 8 samples of consents for different types of medical interventions for download. At the end of the article there is a video recommendation on the forms and rules for issuing an IDS from lawyer Alexei Panov.

What form does consent take?

A patient's IDS for medical intervention, a sample of which is presented in our material, should be received by health workers from patients subject to several conditions:

  • The consent form is always written, it is not allowed to receive it orally.
  • A patient of a medical facility informed about a medical intervention must personally sign.
  • It is allowed to give consent to the relative of the patient in cases specified by the legislator.

All health care workers should be made aware of how they should obtain voluntary consent for medical intervention. A sample document at the level of the Ministry of Health is not approved.

This is due to the fact that there are many options for the provision of medical services, and it is not possible to collect all the requirements in one document.

Features of giving such consent:

  • a medical worker must obtain permission from the parents of a child under the age of 15;
  • parents act as legal representatives of the child;
  • when organizing various types of medical interventions, it is enough to receive from one of the parents of the child;
  • if a dispute arises between the parents, and one of them is against the provision of medical services, the conflict is resolved by the guardianship authorities;
  • if the parents cannot come to a consensus, they must resolve the dispute in court. The medical institution does not interfere in this dispute.

Informed voluntary consent for types of medical interventions, the form of which is used for minor children, is often difficult to obtain if the parents are divorced.

Very often, parents are in conflict with each other, and health workers are in a difficult situation.

What should a lawyer know in such situations:

  • if the parents are divorced, but none of them is deprived of parental rights, they have equal rights to receive information about the progress of their child's treatment. At the same time, it does not matter with which of them the child currently lives;
  • if one of the parents goes to the doctor in order to obtain information about the health of the child, he cannot be refused;
  • IDS, the sample of which is used in a medical institution, is valid equally for all legal representatives. It is impossible to refuse them to provide the requested information - this is an important condition for their awareness. An exception is when the behavior of one parent threatens the life and health of a small patient, he can be refused. He can cancel this refusal in a judicial proceeding.

Where to enter the name of the minor in the form of informed voluntary consent

Consent to medical intervention (form for minors) was approved in an approximate form in the order of the Ministry of Health No. 1177n dated 12/20/2012.

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Can it be done anonymously

The legislator does not give an exact answer to the question of whether medical assistance can be provided anonymously. On the one hand, anonymous help is not illegal. It is allowed to conduct an anonymous test for HIV infection.

This is determined by SP 3.1.5.2826-10 "Prevention of HIV infection". In addition, paid medical services are provided anonymously (part 5 of article 84 of Law No. 323-FZ), unless this is prohibited by law. Look at the expert's explanations on this topic in the Chief Physician System, read the recommendation >>

Voluntary informed consent to medical intervention 323 FZ allows medical institutions to develop independently.

At the same time, many organizations, wanting to simplify the form of the form, make it very short and uninformative.

From a formal point of view, this does not contradict the current legislation.

However, the lawyer of the medical institution must understand that such an approach threatens with sanctions from the supervisory authorities, since in this case the medical institution does not take the opportunity to protect itself from the following points of view:

  • IDS for medical intervention, the form of which is reduced to a minimum, does not allow determining whether the patient was provided with all the information about the upcoming intervention. Recall that it is awareness that is the key sign of voluntary consent;
  • the short form of the document does not allow assessing whether the necessary information was provided to the patient in an accessible and understandable form.

How to avoid this situation: develop an informed consent for medical intervention, a sample of which will contain all the necessary information for different types of medical services.

In addition, there are other reasons why informed voluntary consent is required for types of medical interventions:

  1. Consent to medical care is one of the criteria for quality medical care. If the document does not meet the informative criteria, this will be reflected in the examination of the quality of medical care and can be considered as a defect.
  2. When conducting audits by insurance companies, the lack of consent will be considered as a significant defect - as a result, the medical institution may not pay for medical services or reduce payment.

From the point of view of the law, informed voluntary consent to the intervention is the official basis for the manipulations provided for by the medical programs of public and private institutions.

The article below contains information about when exactly it is necessary to write such a document, how to correctly compose it, and also how the staff of a medical organization will be punished for initiating assistance without an official permission signed by the “sick”.

Features of DIS

Informed voluntary consent to medical intervention is a unified, partially completed form that requires certification by the patient himself or his guardian (in the case of initiating treatment for a person under 18 years of age, a legally incompetent citizen).

When contacting a medical organization, they offer to fill out a voluntary informed consent for medical intervention.

According to the law, it must be provided for review, completion and signature immediately before medical procedures.

The consent in question is required to be filled out not only for the one-time provision of medical assistance to a person during the initial or subsequent admission within the walls of a medical institution, but also at the moment when health workers start a card in a budgetary clinic, private medical center, school or preschool institution.

In all cases, the purpose, procedure and potential consequences of the proposed medical manipulations should be explained to the patient.

Traditionally, writing a DIS involves the following types of assistance from medical staff:

  • preventive assessments of the patient's health status by highly specialized specialists;
  • routine vaccination;
  • passing complex medical commissions;
  • conducting ultrasound, magnetic resonance and computer research;
  • first aid by medical staff under any circumstances (bruise, fracture, onset of labor, and so on).

When is a document required?

Informed consent to an intervention is required when initiating any medical service, which is a set of measures, including:

  • examination and questioning of the patient in order to collect complaints and describe the history of the current disease;
  • measurement of the parameters of the patient's body at the current moment;
  • measurement of body temperature, as well as blood pressure;
  • assessment of visual acuity and hearing of the patient;
  • determination of the state of the nervous system;
  • collection of analyzes, biomaterial and other similar manipulations for the diagnosis of diseases;
  • electrocardiogram;
  • electroencephalography;
  • X-ray studies;
  • computed tomography (CT);
  • Magnetic resonance imaging;
  • massage procedures;
  • physiotherapy;
  • the use of medicines, in accordance with the prescriptions of the attending physician.

In accordance with the law, any actions on the part of doctors aimed at the slightest change in the mental or physical state of the “patient” in any case require the issuance of permission from the patient himself, or his capable relatives.

Rules for filing a document

Informed voluntary consent to medical intervention is drawn up and certified by a person of full age or his capable relative (when writing permission in a preschool and school institution, and so on).

For proper documentation, it is necessary to follow the established the algorithm for granting permission to initiate intervention by the medical staff:

  1. Carefully read the information provided by medical professionals on the specific services required by the patient in this case: the purpose of the measures taken; ways of their implementation; expected result; possible complications due to the unpredictability of the reaction of the human body to outside interference.
  2. Examine the form of the document, in the vast majority of cases provided already in printed form by the administrators of the medical institution or by the doctors themselves.
  3. Clarify the points that remained unclear after the "briefing".
  4. If possible, take the consent form home and study it in a comfortable environment.
  5. Personally enter a list of manipulations allowed for medical staff to address the patient himself or his ward, whose interests he represents.
  6. Certify the document with a personal signature, indicating the date and decoding (last name, first name, patronymic).

In addition, in the documentation being drawn up, it is advisable to make sure that the information is indicated (if it is not available, add it yourself) about:

  • place of registration or actual place of residence;
  • date of birth;
  • passport;
  • Name of the employee who took the consent from the patient;
  • persons who, if necessary, are allowed to be informed about the current stage of the patient's recovery;
  • information about the hospital (for planned hospitalization).

Also, the DIS must contain the personal signature of the employee's accepted application and the seal of the institution within which the patient provided this document.

Responsibility for Non-DIS Medical Intervention

Responsibility for the provision of medical intervention without the consent of the patient in the conditions of state budgetary institutions involves the involvement of the leadership and the doctor himself to administrative punishment in the form of a fine or temporary suspension of professional activity.

In a situation where what happened within the walls of a private organization, then in addition to the above consequences, the paid institution will be forced to bear responsibility under Article 14.8 of the Code of the Russian Federation on Administrative Violations.

In case of harm to human health as a result of medical activities that are not included in the list permitted by the patient himself or his guardian, the medical staff will be forced to fully compensate for the physical damage, in the amount required by the injured themselves. In such situations, the proof of the guilt of the medical staff in what happened is not appropriate.

Free form is allowed

Informed voluntary consent to medical intervention in a number of circumstances is acceptable for compilation in an arbitrary version. According to their circumstances, not wanting to fill out a unified document form, the patient or his parent (guardian) can independently print or write by hand permission for certain medical procedures.

However, even with a categorical refusal to use the standard application form, the resulting documentation should strictly comply with the requirements of the legislation related to the writing of the DIS.

Sample of filling out the form

A sample of the DIS form required to be filled out in budgetary and paid medical institutions, as well as by parents in school and kindergarten:

When signing the above form by an adult citizen, personal information should be indicated in all columns.

In the case of filling out the consent of the parent (guardian), the following rules must be observed:

  • three columns of the form, located at the top of the form, are filled in by an authorized person;
  • the option “to receive primary health care by a person whose legal representative I am” is emphasized;
  • in the column below the indicated information about the medical institution, the data of the minor person (last name, first name, patronymic and date of birth) are indicated;
  • in the next free area, a place is allocated for the signature of the guardian;
  • in the column "Date of issue" indicates the date of signing this consent.

Consent to certain types of medical procedures

In view of certain features of a separate series of manipulations by the medical staff, permission for them is issued each time immediately before they are carried out.

These most often include:


In this case, it is imperative before the intervention itself to make sure that the doctor has given a sufficiently detailed briefing about the potential dangers and side effects of the procedures being performed.

Equally important is the full name of the type of assistance from the medical staff, for which the permission is signed (as an option, when immunizing against measles, rubella and mumps in the form of a document, all three components of the vaccine must be prescribed without abbreviations and abbreviations).

Additional information on the form

The indication of third-party information in the standard form of the document in question is not provided. However, in the event of appropriate circumstances, the attending physician may create a separate box to indicate the notes associated with obtaining this consent, or the features of the potentially provided assistance to the human body.

It is worth emphasizing separately that the law does not prohibit the introduction of third-party notes into the unified DIS form.

Age at which a child is eligible for self-signing

On their own, a citizen over the age of 15 or prematurely recognized as capable has the right to issue a voluntary permit for the vast majority of types of assistance from the medical staff. However, there are also a number of exceptions that require the age of majority of a person to sign a unified form.

These unique circumstances include:

  • donation in any of its manifestations;
  • condition check provoked by suspicion of alcohol or drug intoxication;
  • providing narcological assistance to drug addicts (the expediency of helping drug addicts, which is of a non-drug nature, is allowed to be determined for children from 16 years of age).

Document validity period

The period of validity of the document of the type in question is unlimited. In most situations, consent is filled out during the initial visit to a medical institution and is considered valid throughout the entire time of observation of a person by medical staff within its walls. However, this does not mean that the patient does not have the opportunity to subsequently change his mind and revoke the previously given consent.

To change the list of permitted medical manipulations, you must fill out the appropriate standard form or draw up an application yourself addressed to the administration of the medical organization. At the same time, a citizen is not obliged to indicate the reasons for such actions.

Actions in case of refusal of treatment

Refusal to provide assistance by medical staff, as well as permission for it, requires the patient to complete documentation using a unified form of a medical institution or write it in any form. The application should be sent to the administration of the institution, while observing all the recommendations on the legislation related to the preparation of such documentation.

In such a case, the health worker should clearly explain to the citizen the possible negative consequences of his refusal of the offered assistance from the medical staff.

In circumstances where there is continued reluctance to undergo treatment, the patient should fill out an appropriate application in the same way as consent, indicating that he was instructed in advance about the potential consequences.

Partial refusal of the procedures specified in the consent

According to the law, the patient, as well as his parent (guardian), can also make a partial waiver of the types of interventions by the medical staff mentioned earlier in the permit. To this end, he will need to fill out a standard form or draw up a document on his own, writing in it the full name of the prohibited procedures without abbreviations and other abbreviations.

On this form, traditionally, a column is provided for additional information prescribed by the attending physician about the potential dangers of refusing the help offered to the patient by the medical staff in a particular case.

DIS (informed voluntary consent to intervention) in the functioning of the human body by medical personnel should drawn up taking into account the instructions contained in the relevant legislative acts.

Having studied the above article, a citizen, and in some cases, his parent (guardian) will not only understand why this document is important, but also learn how to correctly compose it, as well as make specific adjustments, with partial or complete refusal to provide medical care.

Video about informed voluntary consent to medical intervention

DIS features:

Appendix No. 2
to the order of the Ministry of Health of the Russian Federation
dated December 20, 2012 N 1177n
(as amended on August 10, 2015)

The form

Informed voluntary consent to types of medical interventions, included in the List of certain types of medical interventions, on which citizens give informed voluntary consent when choosing doctor and medical organization to receive primary health care I, ___________________________________________________________________________ (full name of the citizen) "__________" ______________________________________________ year of birth, registered at the address: __________________________________________ (address of the citizen's place of residence or legal representative) give informed voluntary consent to the types of medical interventions included in the List of Certain Types of Medical Interventions , to which citizens give informed voluntary consent when choosing a doctor and a medical organization for receiving primary health care, approved by order of the Ministry of Health and Social Development of the Russian Federation of April 23, 2012 N 390n (registered by the Ministry of Justice of the Russian Federation on May 5, 2012 N 24082) (hereinafter - the List), to receive primary health care / receive primary health care by a person whose legal representative I am (unnecessary cross out) in _______________________________________________________________________________. (full name of the medical organization) Medical worker _________________________________________________ (position, full name of the medical worker) in a form that is accessible to me, explained to me the goals, methods of providing medical care, the risk associated with them, possible options for medical interventions, their consequences, including including the likelihood of complications, as well as the expected results of medical care. It was explained to me that I have the right to refuse one or more types of medical interventions included in the List, or demand its (their) termination, except as provided for by Part 9 of Article 20 of the Federal Law of November 21, 2011 N 323-FZ " On the fundamentals of protecting the health of citizens in the Russian Federation" (Collected Legislation of the Russian Federation, 2011, N 48, item 6724; 2012, N 26, item 3442, 3446). Information about the persons I have chosen, who, in accordance with Clause 5 of Part 5 of Article 19 of the Federal Law of November 21, 2011 N 323-FZ "On the Basics of Protecting the Health of Citizens in the Russian Federation", may be provided with information about the state of my health or the state of the person, whose legal representative I am (strike out the unnecessary) ________________________________________________________________________ (full name of the citizen, contact phone number) __________ _____________________________________________________________ (signature) (F. AND ABOUT. citizen or legal representative of a citizen) __________ _____________________________________________________________ (signature) (full name of the medical worker) "__" ____________________________________________ (date of issue)

Consent to the operation must be given to any citizen for surgical treatment. This is one of the most important legal guarantees that the law prescribes. It protects the freedom of every person to life and to preserve health. Let us consider in what cases it is necessary to provide consent to surgical intervention, and when it can be carried out without it.

Normative base

The main document regulating the activities of surgeons is the norms of the Law 323-FZ "On the protection of the health of citizens". It proclaims the fundamental principles of providing medical care to citizens with the priority of respecting all due rights and freedoms. Moreover, such a federal document prescribes that no one in need can be denied assistance, especially prompt assistance. One of the articles of this Federal Law is about the consent of a person to an operation.

Surgery is the most difficult type of medical intervention. Before it is carried out, it is necessary to carefully weigh all the arguments about such an intervention, even if it will be done under conditions of necessity.

If there is no alternative to the operation (and this happens, for example, in acute cases), then it is necessary to agree to surgical intervention in this case as well. True, in such situations, the patient is still forced to agree to the operation, based on the opinion of the doctor. As a rule, such a patient no longer has any doubts about the appropriateness of such a radical measure, since the symptoms and deterioration of the condition speak for themselves.

The norms of the law on the protection of the health of citizens clearly prescribe the duties of a doctor or other employee of a medical institution. In particular, he is obliged to explain in detail and clearly to the patient the expediency or necessity of surgical treatment and the various effects that may arise due to such actions. And it does not matter whether such consequences are favorable or not. In addition, the doctor is obliged to inform the patient about the course of the operation, the possible risk factors that appear during the operation.

If the person consents, then:

  • by his actions he testifies that he completely trusts the actions of the doctor and trusts him with his health and even life;
  • if complications occur during the procedure, the doctor can correct its course;
  • The doctor undertakes to do everything to protect and save the life of the patient.

What should the patient do?

According to the requirements of Law No. 323, the patient who will undergo the operation must inform the doctor about the peculiarities of the functioning of the body. These can be constantly occurring pathologies, allergic reactions to anesthesia, etc. It is imperative to inform the doctor about whether there have ever been injuries, including those that happened at a very early age.

The patient should mention sexually transmitted diseases, the presence of viral hepatitis, tuberculosis. The doctor must also be aware of some anatomical features of the body of the operated sick person (for example, the presence of a defect in the structure of the organ, a mirror arrangement, etc.)

If the patient lives in the area of ​​the accident at the Chernobyl nuclear power plant, in the zone of persistent environmental disaster, then the surgeon should also be told about this. The fact is that such a circumstance can seriously affect the course and outcome of the operation. If a person takes medications that can affect the course of the operation and the postoperative period, then this must be told to the doctor: all this is done in order to protect yourself from possible complications. It is necessary to mention addiction to alcoholic beverages and tobacco, psychotropic substances.

If the patient does not inform the doctor about these nuances, then there is no absolute guarantee that the outcome of the operation will be successful. If the intervention is unsuccessful, and the patient hid all the above points from the doctor, then in the event of an alleged litigation, the medical institution will not be responsible for all the actions that were carried out during the surgical intervention.

How to give your consent?

As a rule, the person who needs the operation gives consent on his own. Such actions are implied based on the fact that the person is capable. There is an approved form of consent in the form of a form approved by federal law.

In the form, a person fills in all the required fields. This is a surname, name, patronymic, place of residence, name of a medical institution, etc. Such a document must be signed in a certain place indicating the date it was filled out. The doctor signs the document only in the presence of the patient.

Such consent is added to the medical history. The legal period of its validity is for the period of preoperative preparation, the operation itself, for the period of postoperative recovery. Note that this document is valid until the person is discharged from the medical institution.

When is third party consent required?

Not every patient can consent to surgery. Not all patients, due to the course of the disease, age and mental abilities, can adequately assess the situation. In this case, federal law provides for the participation of third parties. The law clearly provides for cases when third parties are able to agree to surgical intervention. In particular, these are the following circumstances:

In all these cases, consent to the procedure is given by one of the parents, guardians and other official representatives of the child. The doctor must inform such a person that consent must be given for the operation. In the same case, the operated person is informed. Fill in the appropriate fields on the form. Be sure to fill in the column "degree of relationship".

Sometimes it happens that for one reason or another there is no representative or he cannot be present at the present time (for example, he has not been appointed). In such cases, the hospital client cannot be left without help. The law gives a way out in such an ambiguous situation by the fact that the decision to perform a surgical operation is made by a council. If it is not possible to convene a council, and the case is urgent, then the decision is determined by the doctor. He must notify the head physician (and at night - the duty officer) about this.

Does the patient have rights?

At the time of admission to a medical institution, during the preparation for surgery, during the intervention itself and during recovery, the patient is endowed with many rights. They guarantee a humane and conscientious attitude towards the patient. Among these rights are the following:


Can surgery be done without consent?

There are cases when it is not possible to obtain consent from the patient (or it is not at all advisable), and it is not possible to wait for the operation, since delay may mean further deterioration in health, up to death. In such situations, an operation is performed without consent according to the approved procedure.

So, if it is not possible to determine in some way whether the patient has relatives, and he himself is in an unconscious state and cannot give any comments on what is happening, the decision on whether to perform the operation is made by the council. In fact, this is the same procedure established for minors or incapacitated (incapacity is established in a court order).

The same operation, according to the regulatory framework for the protection of the health of citizens, can be done if the patient is dangerous to people due to the development of the disease. There are cases when manipulations take place without the consent of the patient. Other information about his health can be disseminated in the same way. The operation and other manipulations are carried out without agreement in such cases:

  • if the patient cannot express his will;
  • if there is a threat to the health of the patient or there is a threat of the spread of deadly infections;
  • if assistance is provided to a minor;
  • for medical examination.

If the patient does not give consent?

It happens that due to certain circumstances, the patient may refuse to provide him with medical care. If he is not able to give the specified consent, then the decision will be for the attending physician. Relatives cannot provide the possibility of such a decision (only parents and up to the age of 15, and in the case of drug addiction - up to 16).

In addition, the operated person or his official representative have the opportunity to refuse surgical intervention, including demanding the termination of any therapeutic measures. In case of refusal of such intervention, according to the requirements of the legislation, the patient must sign the appropriate document. In addition, the health worker must also sign it.

An agreement to refuse to conduct an operation must be carried out in writing - this is regulated by the rule of law. But consent to conduct can be given in any other form, not only in writing. The legislation does not indicate the mandatory form of the agreement.

The law indicates that if parents and other representatives of a child under 15 years of age or an incapacitated person refuse an operation, and it can save a life, then the medical institution can apply to the judicial authority. Thus, the possibility of saving the life of the patient is provided. This applies only to disabled patients.

When is the patient's consent not to be asked for care?

Under certain circumstances, the medical institution may not take into account the patient's opinion on the advisability of surgical and other interventions. So these are the cases.

The head physician needs to control the document flow in the institution. One of the most important documents is informed voluntary consent. Illiterate registration of IDS threatens the clinic with serious consequences.

IDS today: design rules and pitfalls

Medical intervention or even a complex of medical interventions are defined as actions on the part of health care workers in the provision of a particular medical service. Of course, we are talking about diagnosis, prevention, treatment and rehabilitation. For medical organizations today there is an obligatory task to receive from their patients IDS (informed voluntary consent) for medical intervention. And this task is at the legislative level.

Let's remember where the majority of patients come from. It is quite difficult for a person in modern conditions of life to remain perfectly healthy. Even in the healthiest people, the body sometimes fails. Nutrition, physical activity, sleep and other components of the lifestyle, most people are not able to fully control for certain reasons: lack of time or desire, overwork, compelling circumstances, and more. The change of seasons and other environmental factors, the age-related characteristics of the human body have also not been canceled. So, until mankind has achieved immortality and has not got rid of most diseases forever, doctors will have work. There will be patients, there will be doctors, hospitals, trials, etc.

In the Russian Federation, the legislation provides for many laws dedicated to the rights of patients. The main provisions are specified in the Federal Law of November 21, 2011 No323. Let's delve a little into the rights of a client of a health facility to submit an IDS for medical intervention by referring to Article 20 of the above document.

IDS as a concept

Let's look at what constitutes informed voluntary consent of the patient. To begin with, it is necessary to indicate that IDS is the provision of information to the patient by an employee of a healthcare facility about the purpose for which medical intervention is supposed to be applied, what methods of treatment, prevention, rehabilitation can be used for this, about possible negative consequences and the expected result.

Here is a complete list of information that a doctor should provide to a patient:

The legislation does not establish any restrictions on the amount of information that a health worker must issue in the IDS. Familiarization of the patient with all of the above information from the list is at the discretion of the doctor. There is an obligatory condition - everything should be extremely clear to the patient. Therefore, healthcare workers need to take into account that people who come to them for treatment, far from medical practice, do not always understand medical terminology in the form in which doctors are accustomed to perceive it. Another condition is that the information should not psychologically injure the patient. That is, you can’t just approach the patient with a smile and say:

- Hello! With a probability of 99.9% tomorrow you will die. But there is a tiny chance of survival if we perform the operation. Check out...

When conveying information to the client, you need to use the correct form of its submission!

And the most important condition is that medical intervention can be started only after the patient has been acquainted with all the necessary information, unless there are some good reasons to provide medical care without the consent of the patient (more on emergency care below). The doctor has the right to consider that the patient's IDS for the provision of medical services has been received after he personally acquaints the patient with the necessary information, provided that the patient, having understood this very information, agrees to receive medical services.

The IDS must be in writing. In order for the IDS to enter into legal force, it must be signed by a medical officer who is going to provide medical assistance to a client of a health facility and, in fact, by the patient himself or his legal representative. After that, the IDS is filed into the patient's medical record, which should be kept in the archive. Thus, the IDS becomes a document that can be legally relied upon by both the patient and the medical organization.

Today, the Ministry of Health of the Russian Federation has developed the procedure and requirements for issuing IDS for medical intervention and refusing it. Accordingly, medical organizations must comply with the requirements and norms prescribed by law, as well as use forms for compiling the IDS. But these requirements apply only to healthcare facilities that provide free medical care under the state guarantee program. Other health facilities may use other forms, but on condition that they contain all the necessary information in full (the above is a complete list of mandatory information).

IDS form

Sample for filling out the IDS:

The IDS must be signed by the client of the health facility at the first contact. The document becomes legally valid from the moment when both the patient and the health worker signed it, and it will be valid throughout the entire period of medical services. It often happens that health care facility staff do not fully comply with the rights of patients (equivalent to simply not complying), by providing only partial information from its mandatory content. This results in patient claims and litigation.

Cases in which a legal representative can sign an IDS instead of a patient

There are various circumstances and situations where the patient is not able to independently sign the IDS. For example, physical incapacity. In such cases, the law provides that the legal representative of the patient can sign this document.

Consent to Primary Health Care

When a patient seeks medical care, he signs an IDS for a specific medical intervention, after which he is provided with primary health care. And this assistance may include several different types of medical services. Medical interventions during the initial visit of a patient to a health facility are divided into groups:

Medical intervention without IDS

In view of the fact that sometimes unpredictable situations occur in which it is impossible to acquaint the patient with the necessary information and obtain consent from him to conduct certain medical interventions, but this is necessary to save the life or health of the patient, the law provides for situations in which employees of health facilities can provide medical care without the patient's IDS. These situations in modern medicine include cases:

  • when there is a threat to a person’s life, immediate medical assistance is needed, but the physical condition of this person does not allow expressing consent or disagreement for medical assistance, and there are no legal representatives of this person nearby;
  • a serious illness that poses a threat to the health or life of others;
  • severe mental illness;
  • when medical assistance is required to a person who has committed a crime;
  • when a forensic medical and (or) forensic psychiatric examination is carried out;

If we delve into the legislation of the Russian Federation and the practical activities of healthcare facilities, we can conclude that the absence of an IDS can be regarded as a legal violation of a healthcare facility in relation to the patient. And even if the diagnosis was established correctly and the methods of treatment were chosen correctly, the patient still has the right to file an application with the court about non-observance of his rights by the medical organization. The absence of an IDS can also indicate the commission of illegal medical interventions and harm to human health by a medical organization, which is also illegal.

It is easy to guess that if the patient proves that his rights have been violated and there is no IDS, then he can claim compensation for moral damage and compensation for losses by a medical organization whose employee or employees violated his rights. But according to the law, the patient cannot file a lawsuit on the basis of the mere absence of an IDS - such a lawsuit will not be satisfied in full.

Today, many lawsuits are taking place precisely on the basis of infringement of the rights of patients with CID, as well as encroachment on the mental and physical integrity of an individual. It is not difficult to legally secure a medical organization - its employees just need to act within the framework of the law - timely and correctly draw up an IDS for the provision of medical care and store such documents in their archives. Just in case. Necessarily.

We invite you to take part in the International Conference for Private Clinics , where you will get the tools to create a positive image of your clinic, which will increase the demand for medical services and increase profits. Take the first step towards the development of your clinic.

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