Doctors cannot cure. What to do if an erroneous diagnosis was made: advice from a doctor and a lawyer. The objective causes of medical errors are
Everyone would like to have good health, but, alas, we have to periodically turn to doctors. And what to do if the quality of the assistance provided is not satisfactory, there is a desire to change the clinic or doctor? And what if the threat to health is serious, and the ambulance does not go for three hours?
Many patients do not even know what they are entitled to and when compensation is due for poor treatment. We understand in this article.
Choosing a doctor and clinic
According to federal law No. 323 and the order of the Ministry of Health, the patient can choose the clinic himself. For example, it is more convenient to get there, or you like the doctors there. By default, all are attached to medical institutions at the place of registration, but this does not prevent them from choosing another. This can be done once a year. The same applies to the dental clinic, antenatal clinic, etc.
To do this, you will need a compulsory medical insurance policy, a passport and SNILS. If you have moved, you can change the place of treatment more often, but in this case you will have to confirm the fact of the move. Few people know, but you can also go to another local doctor in your clinic.
But, if you have chosen a polyclinic not at your place of residence, you cannot call a doctor from there. Sometimes people do not know about it, and instead of their local doctor, they have to wait for a doctor from another site, or go to the clinic themselves.
Free medical examination
According to the order of the Ministry of Health of the Russian Federation, a free medical examination can be taken every three years. This year, Russian citizens have the right to even take a paid day off for this. At the expense of budgetary funds, you can undergo mammography, colonoscopy, visit narrow specialists, during the medical examination, all this happens much faster than if you made an appointment for a regular appointment.
The right to comply with sanitary standards
Federal legislation, namely Federal Law No. 326 and SanPiN, implies that medical institutions in our country should be clean, comfortable and safe. Dirty toilets, junk food and unknown drugs should not be there. Patients are not required to monitor disinfection, whether doctors wash their hands, this is part of the tasks of regulatory authorities. If something is wrong, the patient or his legal representative has the right to file a complaint.
Are doctor's appointments, tests, examinations and anesthesia free of charge?
If you have an MHI policy, then you are entitled to free medical care. You can use a wide range of medical services - call an ambulance, treat your teeth, be treated in a hospital, get anesthesia during surgery. At the same time, hospitals and doctors will receive money, but not from your pocket, but from the budget or the health insurance fund.
If in some hospital or clinic they start asking for money, then you can call the insurance company, complain to the head physician or Roszdravnadzor.
The right to medical care anywhere in the country
Russians also have the right to free medical care in any region of the Russian Federation, even if you are on a business trip to another city, but you have a CHI policy.
You have the right to call an ambulance or go to the clinic in the region where you are. And they are there to help you. If you come to another region for a long time, you can attach yourself to a specific clinic.
Right to another doctor and consultation
In a situation where the doctor has diagnosed and prescribed treatment, but the patient has doubts, or the drugs have no proven effectiveness, the patient has the right to get an opinion from another specialist. You can even demand that the attending physician assemble a consultation.
Sometimes not only the ability to obtain an effective drug, but also the preservation of life depends on this. In judicial practice, there were cases when a council of doctors helped save a child: the attending physician prescribed one drug, and the council prescribed another.
The right to pain relief with powerful drugs
If after the operation, due to a serious illness, a person experiences severe pain, then he has the right to alleviate the condition. For this, in particular, it is allowed to use narcotic and psychotropic drugs.
Pain relief can be requested even during childbirth. In this case, it is not necessary to do epidural anesthesia: they can simply inject an antispasmodic. But you can ask for pain relief: the gynecologist must choose the right medicine for the condition.
Cancer patients can expect serious prescription drugs. Even if a person dies and there is no chance, he must be prescribed a drug, some drugs are even given out for free.
It is your right to vaccinate or refuse them
In Russia, a national vaccination calendar has been approved. It displays a list of vaccines by age and frequency. All vaccinations that are included in this calendar can be done free of charge. So, even in the maternity hospital, newborns are vaccinated against hepatitis B and tuberculosis. Six months later - from diphtheria, whooping cough and tetanus. Some categories of citizens - pregnant women, the elderly, schoolchildren, doctors, teachers can get vaccinated about the flu for free. And every 10 years, any resident of the country has the right to be vaccinated against tetanus at the expense of the state.
But you can refuse vaccinations altogether. A mother right in the maternity hospital has the right to write a refusal and not to give a child a single vaccination until the age of 18. And for this reason, they cannot refuse admission to kindergarten and school. But problems can arise when applying for a job: some professions require mandatory vaccination, to visit some countries you also need to be vaccinated, and if there is an epidemic at school, the child will be suspended from school.
The right to know about diagnosis and health status
There are times when doctors do not tell patients about the results of examinations and do not even name the diagnosis. This situation may prevent you from taking measures for effective treatment. The law says that you have the right not only to find out everything related to health and diagnoses, but also to receive extracts from the card, appointments, and conclusions.
In polyclinics, they may not give the patient a card in hand - this is a violation. And if you still get this document, when you read it, you can find a lot of interesting things: it turns out that a nurse comes to the child almost every week for patronage, although the family may not live at this address, or information about the supposedly passed medical examination is entered on the card . In polyclinics, they can do this in order to master the budget money. This can and should be complained about.
If you need a copy of the outpatient card, you must request it in writing. You have no right to refuse. There is only one reason for refusal - if there is no card in the clinic.
The right to medical confidentiality
The doctor does not have the right to discuss your diagnosis with outsiders. He has no right to tell his neighbor or relatives that this patient has HIV, that neighbor most likely has cancer, and so on.
But there are cases when medical secrecy is revealed. For example, parents are told about the health of the child, the police may be informed that a person has strange injuries that look like a crime, as well as in court or during the investigation of accidents. You can also tell your spouse or close relative about the cause of death: this will be indicated in the conclusion, which they are entitled to receive by law.
The right to refuse any medical intervention
As the law says, in a medical institution, when an ambulance is called, they cannot do anything at all with you without obtaining consent. And the consent is always drawn up on paper, with your signature. Without this document, manipulations can only be carried out in case of a threat to life, mental disorders, public danger, palliative care, or for examination.
There is also such an exception: when parents do not allow doctors to transfuse their child with blood, or perform a life-saving operation. In this case, the hospital may apply to the court to protect the rights of the child.
Right to a lawyer and a priest
The patient can invite a lawyer to the hospital if necessary for the protection of rights. The medical staff has no right not to let the lawyer into the ward. Also, a lawyer can get a power of attorney to receive information about the health status of his ward, this can be useful for examinations and lawsuits.
You can also invite a priest to the hospital and conduct religious ceremonies there. But this right must be coordinated with the internal routine and regime of visits to the hospital.
Right to complain and sue
If your rights are violated in a medical institution, you can not only be outraged verbally, but also file a formal complaint, as well as defend your position in court.
These measures may be the only ones when, for example, you are entitled to free medicines, but they are not prescribed or dispensed. Or you want to change the clinic, but you are not assigned to a new one. You can file a claim with the head doctor, the insurance company, the prosecutor's office, and Roszdravnadzor. The last step is to file a lawsuit in the court at the place of residence.
If harm is done, you have the right to compensation
If you have been harmed in a hospital or clinic, even morally, you have the right to demand monetary compensation for this.
In the event that you or your child was treated with the wrong medicines, you can seek help from another facility and then ask the hospital to pay for all costs. If the doctor disclosed your illness to strangers, you can demand compensation for non-pecuniary damage. In addition to compensation for harm, you can demand a penalty and a fine. And if harm is caused to a person who has died, his relatives have the right to compensation.
Recall, Nizhny Novgorod for violated rights.
Based on the materials of the Zen channel "Your Rights"
05.09.18 50 887 27
Doctors take an oath to treat and care for patients, but sometimes things go wrong.
Alena Iva
I, my friends and even my mother have many unpleasant stories associated with visiting doctors. And this despite the fact that she herself is a doctor.
Let's figure out what the law says about medical services. What patients can do and how doctors must behave. We look at the legal and human side of the issue.
Doctors are often rude to me. This is fine?
The most common complaint among visitors to public hospitals is the mistreatment of patients. This may be the indifference of the doctor or defiant behavior.
Everyone decides how to relate to this, but all doctors swear to take care of patients. This oath is incorporated into federal law. Therefore, “to treat patients with care and attention” is not just a beautiful phrase, but a duty under the law. A doctor is a profession that requires physicians not only to be professionals, but also to have moral stability in the provision of medical care.
If the level of incorrectness of the doctor went off scale, you can complain to the head doctor of the hospital. You must respond to a written complaint within 30 days. In the complaint, you must specifically formulate your wishes. For example, for the doctor to make a personal apology or to be reprimanded. If a doctor is often rude, he can be fired.
You can also complain to the territorial department of Roszdravnadzor. He controls the activities of medical institutions in the region. This can be done in person or through an online reception.
You can contact the Ministry of Health directly in writing or through the website. In the instructions for considering citizens' appeals to the Ministry of Health, you can see a list of issues that it considers.
What if the doctor thinks I'm being rude?
The doctor is obliged to provide medical assistance in any situation. They are bound by the oath and the criminal code. For failure to provide assistance, the doctor can not only pay a fine, but also receive up to 4 years in prison. This is a serious responsibility. Therefore, if you need medical assistance, and the doctor refuses to provide it because you are talking rudely to him, this is a serious violation on his part.
But if you are rude when you do not need medical care, your behavior interferes with the work of doctors and violates public order, then you can already be held administratively liable for insults. The medical staff may call the police to take you out of the clinic.
For example, there was a case in judicial practice when a disgruntled patient insulted a therapist on the street in the presence of passers-by. For this, she had to pay a fine of 1,000 rubles and 1,000 rubles in compensation for non-pecuniary damage.
I don't like the outpatient clinic. Why do I have to go there?
Not required. You can change the polyclinic and attach to another one. But you can do this no more than once a year, unless you have changed your place of residence.
When I received duplicate policies for my children and changed clinics for them, I managed to do it right at the new clinic. To do this, I approached the representative of the insurance company and issued the necessary papers from him.
On the website of public services you can find out which clinic you are attached to.
They won't give me my medical card. It is legal?
The request must contain your passport details, place of residence and period of medical care. You also need to provide a postal address for a written response and a phone number. The term for consideration of the request is up to 30 days.
You can get certified copies of medical records or extracts from them. In practice, this often causes difficulties: the registry office may refuse you, because they do not have time to copy documents. In this case, I agree to make copies myself, which I then certify with the manager.
The law provides for your right to send a request by e-mail, and receive documents electronically. However, this has not yet worked in practice.
But doctors never tell anyone anything without asking, right?
Medical confidentiality includes the fact of going to the hospital, all procedures, your state of health and diagnosis. This information may be disclosed only with your written consent.
There are exceptions when medical confidentiality can be disclosed without your consent. This happens extremely rarely. For example, at the request of the court or when there is a threat of the spread of infections.
What should I do if the doctor does not want to treat me because he is overwhelmed?
The attending physician is appointed by the head of the hospital - the head physician or you personally choose. But the doctor has the right to refuse to observe you or to refuse you as a patient.
That is the answer to a question - to search for other doctor.
What if I don't like the doctor?
The head physician is obliged to help you in choosing another attending physician - to provide a list of specialists that are at his disposal. There is a nuance here. If you have refused one doctor and chosen another, you will get to him only if he does not mind.
By law, you have the right to choose a doctor of your choice. This can be done once a year also with the help of an application to the head physician. You can choose a general practitioner, a local general practitioner, a pediatrician, a local pediatrician, a family doctor or a paramedic.
Recently, another doctor came into the office during an appointment to talk. This is fine?
No one can enter the office during the reception. Only you, your representative, the doctor and his assistant, if necessary, can be there.
The fact of visiting a doctor and what happens at the reception is a secret. The doctor is obliged to maintain confidentiality and is responsible for the leakage of information. Therefore, he is obliged to expel the uninvited guest.
Even if you are told that your health information should be shared with other doctors, you must give written consent. By law, the interests of the patient in the provision of medical care are always a priority.
I am an adult, but I want to go to the clinic with a friend or mom. So it is possible?
Can. The law gives you that right.
Most likely, you will not be refused a request for the presence of a loved one nearby, but the person present will not automatically receive legal status. You can issue a notarized power of attorney to your loved one to represent your interests in a medical organization.
With such a power of attorney, the representative will be able to find out your diagnosis, treatment, request medical documents, be present at the appointment, and even make a decision on medical intervention for you if for some reason you cannot do it. The amount of what you are willing to entrust, you determine yourself.
But at the birth of a child, the father or other family member has the legal right to be next to the woman. An exception can only be surgical intervention in the process of childbirth, the absence of separate rooms in the maternity hospital, or infectious diseases in the father or family member. You don't have to pay extra to be present at the birth.
One of the parents or another family member has the same right to be near the child during treatment in a hospital. The age of the child does not matter.
Usually I am not happy with the treatment. Can I be treated according to my grandmother's recipes?
You may have your own point of view on the healing process. But according to the law, traditional medicine is not included in the program of providing medical care to citizens. And yet, if you are on treatment, you must comply with the treatment regimen.
In practice, if you find your treatment wrong, refuse to receive it and demand something else, you will be asked to sign a written waiver of medical intervention and released. From now on, you are responsible for your health.
But if your life is in danger, no one will ask your consent. In some other cases, consent to medical intervention is also not required. For example, if there are infectious risks for others.
Sometimes there are medical errors. For example, in the diagnosis or treatment prescribed. In 2017, the patient managed to prove in the court of first instance that the doctors made a mistake in making the diagnosis, and to recover money from the hospital for expenses, compensation for non-pecuniary damage in the amount of 200,000 rubles and a fine of 103,000 rubles for failure to comply with consumer requirements. Now this case is handled by the cassation instance.
The mother-in-law says that I can refuse all vaccinations for the child. This is true?
The moral aspect of the repeated outbreaks of infectious diseases that humanity defeated many decades ago, we leave for comment. In fact, the law allows your child to get diphtheria or polio if you so desire.
Article 41 of the Constitution of the Russian Federation enshrines our rights to health care and free medical care.
The main law on health is the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”. It spells out the rights and responsibilities of individuals, healthcare professionals and organizations. Individual entrepreneurs who are engaged in medical activities are also subject to this law. And for citizens, this law provides for the presence of a representative, to whom its articles also partially apply.
The Federal Law “On the Sanitary and Epidemiological Welfare of the Population” enshrines our right to the absence of harmful living and working conditions and the right to compensation for harm caused. The law says that we are obliged to comply with the requirements of sanitary legislation, take care of our health and teach this to children.
The federal law "On the Immunoprophylaxis of Infectious Diseases", or the law on vaccinations, tells what and how should be done to prevent infections, defines the vaccine, the vaccination schedule and post-vaccination complications.
Remember
- For rudeness and rudeness, not only doctors, but also patients can be held accountable.
- You can look at medical records, demand clarification of what is written in them, and receive the necessary copies.
- The doctor and clinic can be replaced.
- Information about your health is a medical secret and should not be disclosed.
- You can write a power of attorney for someone you trust and go to the doctors with him.
According to opinion polls, today more than 31% of Russians, that is, one in three, use paid medical services in one way or another. Dentistry is traditionally in the first place in terms of spending. Also, patients often turn to endocrinologists, gynecologists, allergists and other specialists for a fee, they pay extra for some types of tests. How to make a visit to the doctor as productive as possible? Recommendations (“guidelines”) have been developed for doctors themselves, that is, algorithms and protocols for diagnosis and treatment. Meanwhile, a lot also depends on the patient. The results of treatment are seriously affected by the willingness to conscientiously approach the process, find a common language with the doctor, and even evaluate his professionalism. Yes, yes, there are bells that clearly signal that it's time to run away from the doctor, experts warn - for example, if you are offered to "raise immunity" with an immunomodulator or "cure" with homeopathy.
Useful advice for patients, backed up by many years of experience - his own and medical colleagues - was given by a well-known scientific and medical educator, cardiologist, member of the European Society of Cardiology and the American Heart Association, Candidate of Medical Sciences Yaroslav Ashikhmin.
Note that these recommendations are largely suitable not only for visits to doctors for a fee, but also for treatment in district clinics and hospitals under the MHI policy. As you know, in fact, doctors are given limits on receiving patients. (although it is officially announced that they are not mandatory - see below "To the topic"). Competent preparation will help you quickly find a common language with the doctor and set him up to pay maximum attention to your health.
“Doctors are thinking about you, dear patients, think about them, too,” Yaroslav Ashikhmin calls. “Believe it or not, following the rules outlined below can radically change the attitude towards you and (alas and ah!) the quality of medical care.”
1. Arrive 10 minutes early. Time is the most valuable thing we have. The "worst patient" in the understanding of doctors is the one who took a window of time and simply did not come, did not warn.
2. Take your health records and tests with you.
Approach the issue wisely, the expert advises. If you have a long chronic illness, the consequences of a long-standing severe injury, etc., you can bring certificates from the most serious examinations of the last 3-5 years. In general, as a rule, doctors are interested in information about the current state of health over the past year.
Ideally - to increase the efficiency of reception - it is advisable to fold the documents into a folder: “One sheet into one transparent file. Please do not put all 10 sheets in one file,” the doctor urges. And pay attention: if you go to a cardiologist, he may also need extracts from the infectious diseases hospital, and the conclusions of the ENT specialist, and the gynecologist. So take certificates and analyzes that describe all areas of your health, and not just the direction in which a particular doctor specializes. This is necessary for a competent integrated approach to treatment.
3. Write/print out a list of all medicines and - be sure! - dietary supplements, including vitamin complexes, that you are taking and have taken in the past months. Be sure to include doses.
“It is not so easy to correct the treatment regimen for hypertension if the patient reports that he is taking “such white diamonds, now I will call my wife to clarify,” Dr. Ashikhmin gives a frequent example.
4. List your allergies, drug intolerances, and past illnesses on a piece of paper.
“Yes, by the way, I also have HIV / heart surgery in childhood / brain hemorrhage, but it was all so long ago,” some patients say already at the exit from the office, or even keep silent. You don’t need to do this, it will be worse for you, the expert warns.
5. Do not load doctors with unnecessary information.
Purely humanly, one can understand the attempt to pour out your whole soul and hard life. But if the doctor is not a psychotherapist, then he really doesn’t care what the weather was like and what variety of cherries you planted on the day your myocardial infarction happened. Excessive talkativeness is confusing and simply steals time that can be spent on really necessary medical measures.
6. When a doctor prescribes a drug for taking “long-term” or “permanently”, this means that the medicine must be taken constantly. Or until a better drug is invented.
If you are given an appointment to take a pill “at a dose of 2 mg per day, the decision to adjust the dose after 15 days at a face-to-face appointment”, this does not mean that after 15 days you should forget about the doctor’s appointment and stop taking the medicine, emphasizes Yaroslav Ashikhmin. - This wording means that the drug will most likely need to be taken further, moreover, it may be necessary to increase the dose.
7. Directly ask how to maintain contact with the doctor after taking. Is it possible to write to him in instant messengers, by mail, when it is convenient to call.
Often, doctors give a personal phone number and very much for it if you call at the scheduled time, we really appreciate it. At the same time, there is little that incinerates the psyche of doctors as much as calls at the forbidden time, when it is stipulated. Many doctors work from 6-7 am and at 9 pm you risk waking up the doctor.
8. Ask questions: “Is there a better treatment? Is there anything else that can be done?"
This question is asked by no more than 1% of patients. And he just can be decisive.
9. Be prepared for the fact that if you are very emotional about the symptoms, you may be recommended to consult a psychiatrist or psychotherapist in addition to treatment with a cardiologist and gastroenterologist. It doesn't mean you are crazy. Almost all serious illnesses injure the psyche, the pain seems to be transferred from the body to the head. And even if we heal the body, complaints may remain, there is no way without a psychotherapist.
10. Ask for clarification if you don't understand something. All the way. Not sure what the doctor says? See a different doctor for a second opinion.
And further. Please, if you are able to take care of yourself, take a shower with soap or gel before visiting the doctor. This request-advice has been painful for many of the medical community, - says Yaroslav Ashikhmin.
TO THE POINT
At the appointment with the therapist - 15 minutes, with the gynecologist - 22 minutes
Doctors who receive patients free of charge under compulsory medical insurance policies often complain that they are squeezed by regulations: there are restrictions on the time of admission for each patient. The Ministry of Health assures that in fact these norms are addressed not to doctors, but to healthcare organizers, that is, to authorities, chief physicians. The attending physician should take the patient exactly as much as necessary, taking into account the state of his health, the department emphasizes. While the standards are needed for organizational work: calculating the workload for each doctor, determining the required number of medical staff, and other labor standards for doctors.
Valid for today order of the Ministry of Health of the Russian Federation of July 2, 2015 No. 290n. Based on it, on average, the admission of a patient provides for:
Local pediatrician - 15 minutes;
Local general practitioner - 15 minutes;
General practitioner (family doctor) - 18 minutes;
Neurologist - 22 minutes;
Otorhinolaryngologist - 16 minutes;
Ophthalmologist - 14 minutes;
Obstetrician-gynecologist - 22 minutes.
Prepared by Anna DOBRUKHA.
Anyone has to seek medical help: no one is immune from health problems. However, in some cases, medical intervention leads to the opposite result, which leads to a deterioration in the patient's condition. The media periodically highlights the case when, during abdominal operations, surgeons leave clips or gloves inside a person, dentists mistakenly remove healthy teeth. In reality, such cases are isolated. Misdiagnosis and an inappropriate treatment regimen are much more common. What is the physician's responsibility for misdiagnosis? Let's try to understand this issue.
Crime Definition
A separate corpus delicti: medical error currently does not exist in the legal system of the Russian Federation. This includes a number of legally punishable acts. This is one of the complex and vague concepts in jurisprudence. And there is simply no general criterion for classifying an unlawful act as a medical error.
Conflict situations often arise between medical workers and patients, when citizens who consider themselves victims go to court and law enforcement agencies. Note that not all such proceedings imply a crime, so it is extremely important to understand all the circumstances of the case.
Even if the fact of the doctor's guilt is proven, it is necessary to identify the causes of the error, which entailed sad consequences. This may be the negligence or inaction of medical workers, which becomes the result. Responsibility and punishment are assigned in proportion to the guilt of the doctor.
If we consider an incorrect diagnosis as a crime, the following subjective factors can be distinguished here:
- lack of the necessary qualifications - in medicine, there are usually narrow specialists who are often unable to see the overall picture of the disease;
- suggestion - a certain diagnosis is literally imposed on the patient and the wrong treatment is prescribed, for example, in case of mass influenza diseases, this disease is diagnosed without looking at all those who applied, despite the fact that similar symptoms occur in many diseases;
- lack of medical experience - often found in novice specialists.
Sequencing
Many patients who are faced with dishonest medical care often do not know what to do. They immediately go to court, but this is the highest authority, requiring evidence that the plaintiff will naturally not have. In fact, an unpleasant situation can be solved much easier.
At the beginning, you need to contact the management of the clinic / hospital where the doctor who made the mistake works. This may be the head physician or his deputy. Then, a complaint is sent to the insurance company that services the medical policy. In such organizations, there is usually a group of expert specialists who will help record the fact of a medical error. During such an investigation, all medical documentation will be raised:
- medical record;
- outpatient treatment card;
- disease history.
If the fault of the doctors is proved, the experts give an official conclusion, giving the right to receive monthly compensation from the medical institution for causing harm to health.
Where to go
With the development of paid medicine, many patients do not have a compulsory voluntary medical insurance policy in their hands, preferring to pay for the services rendered in cash. However, paid medicine also does not exclude medical errors, but here it is no longer necessary to rely on the help of experts from the insurance company. Let's figure out where to turn in such cases.
Hospital administration
If the complaint is ignored, or a medical error requires proof, an appeal should be made to a higher authority.
Important! In order to avoid further insinuations, it makes sense to take a written refusal from the doctors to satisfy the claims.
Ministry of Health care
The appeal is made at the place of permanent residence. In each subject of the Federation, there are territorial offices that receive complaints from the population. It should be noted that the Ministry of Health is a supervisory body, so the appeals of citizens usually do not go unnoticed.
You can ask for help:
- at a personal visit to a public reception;
- by letter to the address of the organization;
- through the official website;
- via email.
The term for consideration of complaints is 30 days, after which the applicant receives an official response on the measures taken.
Police
If a medical error has led to serious consequences, you can contact the police department at the place of actual residence. Based on the written statement, a criminal case will be opened and an investigation will be conducted.
Prosecutor's office
This body of executive power is in charge of the observance of the law in relation to citizens. Therefore, as in the previous case, upon the fact of the appeal, a case is opened and investigative measures are taken.
Courts
If there is undeniable evidence of the guilt of doctors, you can file a lawsuit. If the plaintiff's claims are recognized as legitimate, it is on the basis of a court decision that one can receive material compensation for the physical and moral damage caused.
It should be noted that funds are collected not from a specific person, but from the institution where the doctor who made a mistake works. After that, the clinic management has the right to reimburse the costs incurred from the salary of the health worker. These actions are considered legal.
Administrative or criminal liability
Much depends on the circumstances of the case and the nature of the crime. However, in most cases, the accused are subject to criminal penalties. In particular, it can be applied to the perpetrators.
Download for viewing and printing:
Here it is supposed to collect a fine of up to 120,000 rubles, an administrative arrest for a 3-month period is possible.
If, as a result of negligence, the victim suffered particularly large damage, the amount of the fine increases to half a million rubles, the period of detention is extended to 6 months.
In cases where this act, which caused major damage and caused serious bodily harm or death, the accused may be punished with a 5-year term of forced labor, detention for up to 5 years, and a ban on specific activities for 3 years.
If the result of negligence is the death of two or more people, the perpetrators can face up to 7 years in prison.
Important! Under the infliction of large damage means amounts over 1.5 million rubles, damage exceeding 7,500,000 rubles is recognized as especially large.
If serious harm is inflicted or death occurs, detention is provided for up to 4 years, a ban on practicing medicine for 3 years.
Administrative measures of responsibility include provisions, in particular articles:
- - failure to fulfill the obligations of informing and providing free medical care: a fine of up to 30,000 rubles;
- - non-compliance with the requirements for storage/transportation of donated blood or its components: punishable by a fine of up to 40,000 rubles with a possible suspension of activities for 3 months;
- - circulation of counterfeit, unlicensed and dietary supplements: a fine of up to 5,000,000 rubles.
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Have you noticed how easy it is to identify a bad doctor in a movie? There is always something that gives them away, be it their appearance, manners, or level of professionalism. However, the ability to determine as early as possible that you are dealing with a non-professional in real life is much more important.
website collected 10 signs that may testify to the incompetence of the doctor.
1. Doesn't value your time
A good specialist should be self-confident, attentive, optimistic, friendly, polite and punctual. If he cannot see you at the appointed time and this is repeated for the umpteenth time (for no apparent reason, advance notice and explanation), then most likely you have gone to the wrong doctor.
2. Has negative reviews
Reputation plays an important role for a specialist. And if he is really good at his job, then people in most cases will speak positively about him. Therefore, no matter how obvious this point may seem to you, do not forget about it when you decide to see a new doctor.
3. Neglects ethics
If during the appointment the doctor shows inattention towards you, quickly forgets the features of the problem, often confuses you with other people, then this, although indirectly, still indicates his lack of professionalism.
4. Can't listen and doesn't answer your questions
A good doctor will certainly win over the patient so that he can tell about his problems without hesitation. He listens attentively, calmly and patiently answers all questions and comments, if possible, on each of his decisions. Moreover, he will always explain what is happening and reveal all the terms that are incomprehensible to the patient. Moreover, if the patient asks a direct question, he will voice all the proposed options, and will not name only the most negative one.
5. Uses outdated methods
There is no doubt that every doctor has a medical education behind his back, but modern science is developing at a rapid pace: diagnostic methods are being improved, the knowledge base about diseases is constantly updated, and new results of clinical research are emerging. Therefore, a good specialist should always improve his skills. He should not make outdated or commercial diagnoses - diseases that are not in the International Classification of Diseases or do not match the patient's symptoms.
6. Orders a lot of tests
If the doctor sends you to take a large number of tests and undergo complex diagnostic procedures, without discussing the preliminary diagnosis with you and without substantiating the need for his appointments, this is a bad sign. A competent specialist will always discuss with you the appointment of a complex or expensive procedure.
7. Not interested in what drugs you are already taking
A good specialist will definitely ask questions about your well-being, habits and lifestyle, history of symptoms, comorbidities and medications taken. He will also ask about cases of illness among the next of kin - parents, grandparents, siblings.
8. Looks untidy
