Situations often arise when a patient suffers through the fault of a medical professional. Improper prescription of medications, untimely provision of medical care, inaction of the doctor, poorly performed surgery - all these are possible reasons for the negative consequences of the patient's health.
Citizens' rights
It is very difficult to prove the existence of a medical error, but it is still possible. According to the Law "On Protection of Consumer Rights", a person has the right to compensation for moral damage and harm caused through the fault of another person, in particular a medical worker.
According to the legislation of the Russian Federation, there is no such concept as a "medical error", but it can be stated as follows: this is unintentional harm to health resulting from improper provision of medical care or the inaction of a doctor.
The degree of harm to human health can be different: causing death by negligence, harm of medium and severe degree. Depending on this, the law provides for various types of punishment, from administrative and civil to criminal.
Victim action plan
How to prove a medical error, if any? It should be noted that responsibility in the form of material compensation and compensation for damage for causing harm is most often borne not by the doctor himself, but by the head of the institution where he works. If the doctor is not registered in a medical institution, but is engaged in private activities, then he is responsible.
The first victim should contact the head of the department or the chief physician with a request to resolve this issue. In the event that this does not give results, then you will need to go to court. To start a case, you need to go to the prosecutor's office.
The most important stage is a written confirmation that the health disorder has arisen precisely through the fault of the doctor. It is not always possible to do this. You will need to provide all the records from the medical record, research data. It is best to visit a research center and conduct an examination to confirm the presence of a health disorder after providing unskilled care.
Currently, the law provides for an independent examination, and an order from the investigator is required. The Bureau of Forensic Science provides its assistance for a fee. Most often, the examination is carried out in a medical institution where the doctor who caused the harm works. As a result, the guilt of a medical worker cannot be identified, since doctors do not surrender their colleagues.
Before initiating a case and proceeding, it is recommended to seek help from counseling centers, they will help in this matter. By virtue of all this, we can say that it is very difficult to prove a medical error. Even in the case of a successful outcome, the amount of damage compensated is small and barely covers all the costs of the victim.
